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OK  THE 


CITY  OF  DAVENPORT, 


REVISED  AMD  DIGESTED  BY  OEDES  OP  THE  CITY  COVKCIL, 


CONTAINING 


THE  ORIGINAL  AND  AMENDED  CITY  CHARTERS, 


With  Notes  and  References  to  Judicial  Decisions- 


COMPILED  AND  ARRANGED  BY 

JOHN  F.  DILLON. 


PUBLISHED  BY  AUTHORITY. 


DAVENPORT,  IOWA  : 

GAZETTE  BOOK  AND  JOB  PRINTING  ESTABLISHMENT. 

1866. 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/revisedordinanceOOdave 


Political  Boiorce  & **  ^ 3 <J ■ 1 ^Xo J^AX,  Co*w  ftub-'  C© 


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PREFACE. 


By  resolution,  of  the  City  Council,  the  undersigned 
was  appointed  to  revise,  re-arrange,  codify,  and  index 
the  Ordinances  of  the  City  of  Davenport. 

lie  has  not  deemed  it  his  duty  to  question  the  wisdom 
of  expediency  of  particular  ordinances.  This  is  a mat- 
ter which  is  confided  by  the  charter  to  the  Council,  and 
of  which  they,  as  practical  men,  can  ordinarily  form  a 
better  judgment  than  it  is  possible  for  any  single  indi- 
vidual to  do. 

He  has  deemed  his  duties  to  be  chiefly  of  a legal  nature. 
Existing  ordinances  have  been  consolidated  and  re-ar- 
ranged. In  a few  instances,  new  ordinances,  on  subjects 
which  appeared  to  require  legislation,  have  been  pre- 
pared by  the  undersigned  and  passed  by  the  Council. 

In  re-printing  the  charter,  the  subsequent  amendments 
have  been  incorporated  into  it  in  appropriate  places,  and 
repealed  portions  omitted.  This  saves  space,  and  is 
believed  to  be  an  improvement  and  a convenience. 

The  notes  and  references  to  legal  decisions  in  this  and 
other  States  have  involved  considerable  labor  in  their 
preparation,  and  it  is  hoped  that  they  will  be  regarded 
as  worth  the  limited  space  they  occupy. 

The  numbering  of  the  chapters  in  the  former  Revision 
has  been  retained,  because  it  was  familiar  to  those  hav- 
ing occasion  to  use  the  ordinances.  The  numbers  being 
retained  has  prevented  an  alphabetical  or  other  classifi- 
cation of  the  ordinances  ; but  this  want  of  classification 
is  believed  to  be  supplied  bv  the  full  Index  which  has 
been  prepared. 

It  would  not  be  just  in  the  undersigned  to  close 
without  testifying  his  respect  for  the  patience,  good 
judgment  and  conscientious  care  which  have  distin- 


*9885 


| PREFACE. 

guished  the  Mayor  and  each  member  of  the  Council  in 
examining  and  passing  upon  the  amendments  reported 
to  them,  and  upon  the  new  ordinances  which  were 
framed  under  their  special  direction.  And  it  will  not 
be  deemed  invidious  to  observe  that  the  interest  taken 
from  the  first  by  the  Mayor  (the  Hon.  John  L.  Davies), 
who  has  attended  every  meeting  of  the  Council  having 
the  revision  under  consideration,  is  worthy  of  special 
mention,  and  merits  the  just  praise  and  commendation  of 
the  public,  whose  interests  he  has  been  so  zealous  and 
effective  in  subserving. 

By  neither  the  Mayor  or  Council,  or  undersigned,  is  it 
claimed  that  the  present  work  is  perfect : it  is  only 
believed  to  be  more  so  than  that  which  it  supercedes. 

JM).  F.  H1LLOX. 

Davenport,  Sept.,  I860. 


0 


OFFICERS  OF  CITY  GOVERNMENT. 


0 


LIST  OF 

MAYORS  AND  ALDERMEN 

FROM  THE  FIRST  INCORPORATION  OF  DAVENPORT 
TO  TIIE  PRESENT  TIME.* 


1839. 

RODOLPHUS  BENNETT,  Mayor. 

TRUSTEES, 

A.  C.  Donaldson,  Jonathan  W.  Parker, 

D.  C.  Elclridge,  John  Litcli, 

John  Forrest,  John  Owens. 

Frazer  W ilson,  Recorder. 

James  M.  Bowling,  Treasurer. 

George  Colt,  Marshal. 

1810. 

JOHN  II.  THORINGTON,  Mayor. 

trustees, 

John  Forrest,  George  L.  Davenport, 

Jonathan  W.  Parker,  Seth  F.  Whiting. 

William  Nichols,  f 

Frazer  Wilson,  Recorder. 

James  M.  Bowling,  Treasurer. 

Wm.  B.  Watts,  Marshal. 

1811. 

JONATHAN  W.  PARKER,  Mayor. 

* Part  of  the  records  of  the  Council  is  missing,  and  part  is  very  meagre,  and 
this  list  is  as  full  and  accurate  as  it  was  possible  to  make  it. 

t Died  during  the  year,  and  Council,  Sept.  2, 1840,  passed  resolution  s of  respect 
to  his  memory.  Strong  Burnell  was  elected  his  successor. 


6 


OFFICERS  OF  CITY  GOVERNMENT. 


TRUSTEES, 

Harvey  Leonard,  T.  lx.  Mills, 

J.  M.  Witherwax.  R.  T.  McLoskey. 

Seth  F.  Whiting, 

John  Pope,  Recorder. 

Jas.  M.  Bowling,  Treasurer. 

Wm.  B.  Watts,  Marshal. 

1842. 


HARVEY  LEONARD,  Mayor. 

ALDERMEN, 

S.  F.  Whiting,  T.  K.  Mills, 

Wm.  McCammon,  Thomas  S.  Hoge, 

John  Evans,  J.  M.  Witherwax. 

J.  W.  Parker,  Clerk. 

Jas.  M.  Bowling,  Treasurer. 
Gilbert  B,  McIvown,  Marshal. 

1843. 

JAMES  THORIXGTOX,  Mayor. 

ALDERMEN, 

S.  F.  Whiting,  Wm.  Inslee, 

Thomas  Dillon,  D.  B.  Shaw, 

T.  K.  Mills,  T.  S.  Hoge. 

J.  W.  Parker,  Clerk.  * 

John  Evans,  Treasurer. 

J.  N.  Snow,  Marshal. 

1844. 


JAMES  THORIXGTOX,  Mayor. 


B.  F.  Cotes, 
D.  B.  Shaw, 
James  Hall, 
A.  II.  Miller, 


ALDERMEN, 

John  II.  Morton, 

S.  F.  Whiting, 

Gideon  Aver  ill  (part  of 
term). 


OFFICERS  OF  CITY  GOVERNMENT. 


7 

Levi  Davis,  Clerk. 

John  Evans,  Treasurer. 

J.  N.  Snoav,  Marshal. 

1845. 

JAMES  THORINGTON,  Mayor. 

ALDERMEN, 

Jas.  Hall,  Timothy  Diljon,* 

D.  B.  Shaw,  John  H.  Morton. 

R.  Bennett, 

John  Rope,  Clerk. 

John  Evans,  Treasurer. 

Samuel  Lyter,  Marshal. 

1840. 

JAMES  TIIORINGTON,  Mayor. 

ALDERMEN, 

S.  F.  Whiting,  A.  A.  McLoskey, 

Geo.  W.  Alvord,  Wm.  S.  Collins’! 

John  H.  Morton,  A.  IT.  Miller. 

John  Pope,  Clerk. 

Jno.  Evans,  Treasurer. 

Sam’l  Lyter,  Marshal. 

1 847. 

JAS.  M.  BOWLING,  Mayor. 

ALDERMEN, 

Cheney  Munger,  Jno.  L.  Davies, 

D.  C.  Eldridge,  1ST.  M.  Rambo, 

A.  A.  McLoskey,  C.  M.  Peck. 

Jas.  Thorington,  Clerk. 

Jno.  Evans,  Marshal. 

1848. 

JAS.  M.  BOWLING,  Mayor. 

* Deceased  during  his  term,  and  resolutions  of  respect  to  his  memory  passed  by 
the  Council,  Sept.  12, 1845. 


8 


OFFICERS  OF  CITY  GOVERNMENT. 


ALDERMEN, 


Jolm  L.  Davies, 

Cheney  Munger  (part  of 
term), 

Nathan  M.  Rambo, 


Hiram  Price, 

John  H.  Morton, 
Harvey  Leonard  (part 
term). 


Charles  Lesslie, 


Jas.  Tiiorington,  Clerk. 
Jno.  Evans,  Treasurer. 
Sam’l  Parker,  Marshal. 


1849. 


JONATHAN  PARKER,  Mayor. 

ALDERMEN, 

John  L.  Davies,  James  M.  Bowling, 

¥m.  McCammon,  Wm.  S.  Collins, 

Nath’l  Squires,  Sam’l  Lyter. 

Jas.  Tiiorington,  Clerk. 

Jno.  Evans,  Treasurer. 

L.  J.  Center,  Marshal. 


1850. 

JAMES  HALL,  Mayor. 

ALDERMEN, 

Jas.  O’Kelly,  N.  Squires, 

Tlios.  Herbert,  D.  C.  Eldridge, 

Jonathan  Parker,  Chas.  Lesslie. 

James  Tiiorington,  Clerk. 

Jno.  Evans,  Treasurer. 

L.  J.  Center,  Marshal. 

1851. 

CHARLES  WESTON,  Mayor. 

ALDERMEN, 

N.  Squires, 

E.  Cook, 

H.  Price. 


IL.  Leonard, 

Jas.  O’Kelly, 

Dr.  E.  S.  Barrows, 


OFFICERS  OF  CITY  GOVERNMENT. 


9 


A.  F.  Mast,  Clerk. 

L.  B.  Collamer,  Treasurer. 

Patrick  Courtney,  Marshal. 

1852. 

JOHN  JOB!) AN,  Mayor. 

ALDERMEN, 

A.  Weigand,  John  P.  Cook, 

H.  Leonard,  Hiram  Price, 

Nathaniel  Squires,  John  Bechtel. 

A.  F.  Mast,  Clerk. 

Wm.  VanTuyl,  Treasurer. 

Samuel  Parker,  Marshal. 

1 853. 

JOHN  A.  BOYD,  Mayor. 

ALDERMEN, 

John  Wicks  (part  of  term),  Wm.  Gray, 

J.  P.  Cook,  Adam  Weigand, 

J.  Kingerlee,  George  G.  Arndt  (vice 

11.  Price,  Wicks). 

R.  K.  Allen,  Clerk. 

J.  Drake,  Treasurer. 

Samuel  Parker,  Marshal. 


1854. 


J AMES  GRANT,  Mayor. 


A LDERMEN, 


II.  Willie lini, 

( '.  J.  I I.  Evser, 
G.  G.  Arndt, 

E.  A.  Gerdtzen, 
Ebenezer  ( Yok, 


H.  H.  Smith, 

D.  P.  McKown. 
B.  Atkinson, 
Wm.  Burris, 

A.  A.  McLoskey 


B.  B.  Woodward,  Clerk. 
L.  Collamer,  Treasurer. 


L.  J.  Center,  Marshal. 


o 


10 


OFFICERS  OF  CITY  GOVERNMENT. 


1855. 


ENOS  TIC  HE  NOR,  Mayor. 


G.  C.  E.  Mitchell, 
G.  G.  Arndt, 

C.  j.  II.  Eyser, 

E.  A.  Gerdtzen, 

A.  Corbin, 

I).  P.  McKown, 

LI.  Price, 


E.  Cook, 

A.  A.  McLoskey, 

A.  II.  Owens, 

Geo.  E.  Hubbell,  (part  of 
term,) 

J.  Lambrite, 

S.  Saddoris. 


B.  B.  Woodward,  Clerk. 


Wm.  Yan  Tuyl,  Treasurer. 
Sam’l  Parker,  Marshal. 


1 85b. 


G.  C.  R.  MITCHELL,  Mayor. 


John  Scliutt, 
James  O’Brien, 
C.  J.  LI.  Eyser, 
A.  Smalltield, 
Austin  Corbin, 
Jas.  M.  Bowling', 
H.  Price, 

Jno.  Eorrest, 

W.  S.  Kinsey, 


ALDERMEN, 

S.  K.  Barkley  (part  of 
term), 

W.  S.  Collins  (part  of 
term), 

S.  Saddoris, 

J.  Lambrite  (part  of 
term), 

T.  S.  Fullam  (part  of 
term), 


Wm.  Hall,  Clerk. 

Sam’l  Sylvester,  Treasurer. 
Jno.  II.  Taylor,  Marshal. 


1857., 

GEO.  B.  SARGENT,  Mayor. 


Jno.  M.  Cannon, 


aldermen, 

John  Forrest, 


OFFICERS  OF  CITY  GOVERNMENT. 


1] 


Edw.  Jennings, 

Aug.  Smallfield  (part  of 
term), 

T.  Guelich  (part  of  term), 
II.  Hamming, 

Jas.  M.  Bowling, 

F.  Yollstedt, 

E.  8.  Barrows  (part  of 
term), 


J.  0.  Washburn  (part  of 
term), 

A.  Le  Claire  (part  of 
term), 

(feo.  E.  Hubbell  (part  of 
term), 

J.  O’Brien, 

1.  II.  Sears, 

Wm.  Guv. 


E.  Peck,  Clerk. 

Sam’l  Sylvester,  Treasurer. 
II.  W.  Mitchell,  Marshal. 


1858. 


EBENEZER  COOK,  Mayor. 

ALDERMEN, 


J.  M.  Cannon, 

I.  P.  Coates, 

T.  Gnelich, 

II.  Ramming, 

A.  Corbin  (part  of  term), 
Jas.  McIntosh, 

J.  Washburn, 

T.  H.  Morley, 


Geo.  E.  Hubbell, 

J.  O’Brien, 

I.  II.  Sears, 

Rob’t  Christie, 

H.  II.  Andressen  (part  of 
term), 

Jas.  Thorington  (part  of 
term ). 


II.  Kilbourn,  Clerk. 

L.  Schricker,  Treasurer. 
Jno.  Bechtel,  Marshal. 


1859. 


EBEKEZER  COOK,  Mayor,  (part  of  term.) 
IIIRAM  PRICE  (balance  of  term.) 


T.  F.  Holmes, 

G.  P.  Ankers  on, 
II.  Ramming, 

11.  B.  Evans, 


ALDERMEN, 

H.  II.  Andressen, 
Rob’t  Christie, 

J.  O’Brien, 

I.  P.  Coates, 


n 


OFFICERS  OF  CITY  GOVERNMENT. 


*L  A.  Le  Claire, 

C.  A.  Havilaiid, 

T.  II.  Morlev, 

L.  C.  Burwell 


J.  McIntosh  (part  of 
term), 

S.  Saddoris  (part  of  term). 
Clerk. 


1 860. 


JAN.  B.  CALDWELL,  Mayor. 


ALDERMEN, 


H.  Weiner t, 
II.  8.  Finley. 
T.  Guelich, 

B.  Peters, 

C.  8.  Ells, 


•J.  O’Brien, 

J.  Coulthart, 

II.  Hamming, 

C.  A.  Havilaiid, 
J.  A.  Le  Claire, 
II.  B.  Evans. 


II.  Mittelbl sen er.  Clerk. 


1 SOI. 


GEO.  II.  FRENCH,  Mayor. 

ALDERMEN, 


J no.  8chmidt, 

Th.  Guelich  (part  of 
term), 

Cli.  Kauffman  (part  of 
term), 

Marsh  Noe, 

H.  Ramming  (part  of 
term), 

P.  J.  Gillett, 


Wm.  Glasman  (balance 
of  term), 

Geo.  L.  Davenport, 

J.  A.  Le  Claire, 

J.  C.  Parker, 

Win.  Ren  wick, 

J.  Coulthart, 

B.  Peters, 

H.  Weinert. 


II.  Mittelbuscher,  Clerk. 
1862. 


GEORGE  II.  FRENCH,  Mayor. 

ALDERMEN, 

8.  G.  Mitchell,  Marsh  Noe, 

John  Schmidt  (part  of  G.  W.  McCarn, 
term),  Geo.  L.  Davenport, 


OFFICERS  OF  CITY  GOVERNMENT. 


13 


Edward  J ennings  (bal- 
ance of  term). 

Francis  Ochs, 

Win.  Glasman, 

Henry  Lam  bach  (part  of 
term), 

John  Wunderlich,  (bal- 
ance of  term), 


Victor  Huot, 

J.  A.  LeClaire  (part  of 
term), 

WY  Kelly  (balance  of 
term), 

J ames  Ominingham, 
Wm.  Ren  wick. 


Thos.  Dermody,  Clerk  (part  of  term). 
Henry  Mittelbuscher,  (balance  of  term). 


1803. 


JOHN  E.  HENRY,  Mayor. 


al: 

Ernst  Olaussen, 

J Coulthart, 

Jas.  Cunningham, 

Geo.  L.  Davenport, 
Samuel  Hirschl, 

Victor  Huot, 

W.  G.  Jones, 

S.  G.  Mitchell, 


Geo.  W.  McCarn, 

Marsh  Noe, 

Francis  Ochs  (part  of 
term), 

H.  H.  Andressen  (part 
of  term), 

J.  Wunderlich. 


II.  Mittelbuscher,  Clerk. 


1864. 


ROBERT  LOWRY,  Mayor. 


ALDERMEN, 


G.  M.  Matthes, 

Samuel  Hirschl, 

H.  H.  Andressen, 

E.  Claussen  (part  of  term), 
E.  Tegeler  (part  of  term), 
Henry  A.  Runge, 

Marsh  Noe, 


John  Hornby, 

Geo.  L.  Davenport, 
M.  C.  Davis, 

W.  G.  Jones, 

M.  K.  Parks, 

J.  Coulthart. 


Ch.  Kauffman,  Clerk. 


1865. 

JOHN  L.  DAVIES,  Mayor. 


14 


OFFICERS  OF  CITY  GOVERNMENT. 


ALDERMEN, 


0-  H.  Lage, 

G.  M.  Mattlies, 

H.  H.  Audi  •essen, 

Carl  Tegeler, 

H.  A.  Runge, 

T.  W.  McClelland  (part 
of  term), 

Marsh  Noe  (balance  of 
term), 


J.  W.  Crainpton, 

John  Hornby  (part  o 
term), 

Jno.  S.  Seymour  (bal 
ance  of  term), 

W.  C.  Jones, 

M.  C.  Davis, 

J ames  Coultliart, 

H.  Shiley. 


Ch.  Kauffman,*  A.  C.  Billon,  Clerks. 
W.  A.  Remington,  Treasurer. 


Wm.  Pool,  Marshal. 


186d. 


JOHN  L.  DAVIES,  Mayor. 


ALDERMEN. 


C.  H.  Lage, 

G.  M.  Matthes, 

H.  H.  Andr essen, 

N.  Kuhnen, 

A.  Warnebold, 
Marsh  Noe, 


John  S.  Seymour, 

O.  S.  McNeil, 

M.  C.  Davis, 

W.  G.  Jones, 

J.  Coultliart, 

J.  M.  Frizzell. 


D.  B.  Nash,  Clerk. 

W.  A.  Remington,  Treasurer. 
Wm.  Pool,  Marshal. 


* Deceased  during  term,  and  resolutions  of  respect  passed  by  Council. 


INTRODUCTION. 


HISTORICAL  SKETCH 

OF  THE 


Origin,  Development  and  Value  of  Municipal  Corporations. 


BY  .TNO.  F.  DILLOX. 


The  agency  of  boroughs,  towns  and  cities  in  the  cre- 
ation of  the  third  estate ; that  is,  of  the  right  of  the 
people  to  exercise  political  power,  though  not  always 
recognized,  has  nevertheless  been  most  important. 
Modern  civilization,  with  its  characteristic  features  of 
Order,  Justice,  Security  and  Popular  Government,  is 
largely  due  to  the  establishment  of  boroughs,  towns 
and  cities. 

This  subject  has  occupied  the  attention  of  some  of  the 
most  gifted  minds  of  the  present  day — Guizot,  Miche- 
let, Sismondi,  and  others — to  whose  pages  we  refer  for 
a full  and  detailed  discussion. 

We  propose  briefly,  in  this  introduction,  to  refer  to 
the  origin  of  cities,  and  to  the  powers,  privileges  and 
jurisdiction  with  which  they  are,  in  modern  times, 
invested,  noting  the  distinctive  character  of  our  Amer- 
ican municipal  corporations. 

Babylon,  Phoenicia,  and  Egypt  were  long  and  early 
noted  for  their  large  and  splendid  cities  ; but  amid  their 
magnificent  remains — the  remains  of  the  world’s  earliest 


INTRODUCTION. 


16 

civilization — we  find  no  evidence  of  their  municipal 
history  and  organization;  but  we  do  find  enough  to 
teach  us  that  they  were  the  seats  and  centres  of  great 
wealth  and  power  in  the  hereditary  governing  class, 
and  that  the  people^  who  constitute  the  true  wealth  of 
modern  cities,  were  at  the  absolute  disposal  of  their 
masters,  bound  down  and  degraded  by  servitude. 

“ Monarchs  and  conquerors  there 
Proud  o’er  prostrate  millions  trod — 

The  earthquakes  of  the  human  race, 

Like  them,  forgotten  when  the  ruin 
That  marks  their  shock  is  past.” 

The  political  power  of  Greece  resided,  not  in  inde- 
pendent States,  as  is  often  supposed,  but  in  a large  num- 
ber of  free  and  independent  cities,  with  districts  of 
country  attached  to  them.  Each  city  was  sovereign, 
and  a citizen  of  one  was  a foreigner  in  the  others. 
Accordingly  the  Grecian  heart  always  glowed  with  fer- 
vor for  his  city,  but  rarely,  except  in  times  of  great 
common  danger,  kindled  with  a love  for  Ins  whole 
country. 

Municipal  corporations  were  familiar  to  the  Roman 
law.  “ Ancient  Rome,  with  her  surrounding  country.*’ 
says  Dr.  Liddell,  (Rome,  Cli.  27,  Sec*.  S,)  u was  a great 
corporate  bodv  or  community,  holding  sovereignty  over 
the -whole  of  Italy”  and  the  provinces. 

Civic  communities  were  divided  into  prefectures, 
municipal  towns,  and  colonies. 

Prefectures  were  governed  by  Prelects,  and  had  no 
power  of  self-government.  But  in  Municipal  towns  the 
citizens  were  members  of  the  whole  State,  but  retained 
the  right  of  local  administration  in  matters  not  concern- 
ing the  State  at  large. 

Colonies  erected  cities  and  these  were  called  munici- 
pia . And  Guizot  justly  observes  that  the  history  of 
the  conquest  of  the  world  by  Rome  is  the  history  of  the 
conquest  and  foundation  of  a vast-  number  of  cities."' 


M,  G-uizot’a  Hist.  Civ.  Europe,  42. 


INTRODUCTION.  ] 7 

These  cities  secured  wliat  the  Roman  arms  had 
achieved,  and  thus  became  the  efficient  means  of  spread- 
ing civilization  throughout  the  Roman  world. 

Coming  down  to  the  Middle  Ages,  we  may  observe 
that  the  establishment  of  the  feudal  system  worked  a 
oreat  change  in  the  condition  of  the  towns.  Before 

O O 

that  these  were  the  centers  of  wealth  and  population : 
the  ruling  class  lived  within  them.  After  feudalism 
was  established,  the  lords  of  the  land  lived  in  the 
country  upon  their  estates.  The  town  became  part  of 
the  land  of  the  lord,  and  subject  to  his  despotic  author- 
ity, oppression  and  pillage.  But  still  the  towns  grew 
in  size  and  wealth,  and  with  these  came  influence  and 
power. 

The  eleventh  and  twelfth  centuries  are  distinguished 
by  the  struggles  of  the  towns  for  their  enfranchise- 
ment— for  charters  granting  them  rights  and  privileges. 

The  effect  of  this  successful  municipal  struggle  and 
enfranchisement  has  been  well  stated  by  the  eloquent 
historian  of  the  Emperor  Charles  the  Fifth.  Says  Dr. 
Robertson,  treating  of  this  subject : u The  forming  of 

cities  into  communities,  corporations,  or  bodies  politic, 
and  granting  them  the  privilege  of  municipal  jurisdic- 
tion, contributed  more,  perhaps,  than  any  other  cause  to 
introduce  regular  government,  police  and  arts,  and  dif- 
fuse them  over  Europe.”* 

Of  a similar  opinion  is  a distinguished  statesman 
and  philosophic  thinker  of  our  own  day,  who  considers 
the  establishment  of  boroughs  or  towns  as  one  of  the 
three  fundamental  elements  and  agents  of  modern 
European  civilization. f 

The  history  of  the  Italian  cities,  Venice,  Genoa,  and 
Pisa,  showing  the  manner  in  which  they  acquired  their 
exemption  from  feudal  oppression,  is  a most  interesting 
theme,  but  one  upon  which  it  would  scarcely  be  proper 


* 1 Charles  V,  Sec.  1,  and  see  2 Kent  Com.,  271,  note  ; 1 Hall.  Midd.  Ag.,  665. 
803  ; The  People  v.  Morris,  13  Wend.,  325,  334,  per  Nelson,  J. 
t M.  Guizot  Hist.  Civil.  Europe,  Sec.  7 ; Hazlett’s  Trans.  Bond’s  Ed.,  p.  125. 


INTRODUCTION. 

here  to  dwell.  So  in  France  and  other  countries  cities 
in  the  Middle  Ages,  obtained  charters  protecting  them 
from  feudal  bondage,  and  securing  them  privileges  more 
or  less  important.* 

The  conquest  of  England  by  William  of  Normandy 
was  in  A.  D.  1066.  The  towns  and  cities  were  under 
the  uncertain  protection  of  the  king  or  lord.  Composed 
as  they  were  of  tradesmen  and  the  lower  classes,  they 
were  regarded  by  their  feudal  masters  as  having  no 
political  and  few  civil  rights. 

London  was  incorporated  A.  I).  1100  to  1125  (precise 
date  not  known),  obtaining  the  right  to  choose  certain 
local  officers  ; but  the  right  of  local  self-government  was 
not  in  general  conferred  upon  towns,  boroughs,  etc., 
until  the  time  of  King  John,  A.  I).  1199  to  1216.f 

Into  the  history  of  the  growth  of  English  towns  and 
municipalities  and  of  their  acquisition  of  political 
power — of  the  grant  of  royal  charters  designed  to  check 
the  power  of  the  nobility — of  the  arbitrary  proceedings 
of  Charles  II  to  obtain  control  over  the  corporations  by 
depriving  them  of  their  charters  through  compliant 
judges — of  the  similar  proceedings  by  quo  warranto  and 
scire  facias  against  Massachusetts,  Rhode  Island,  and 
Connecticut — of  the  restoration  of  the  charters  and 
chartered  privileges  under  William  and  Mary,  (A.  II. 
1690),  we  cannot  enter,  and  merely  cite  the  reader  to 
some  of  the  sources  of  information  concerning  these 
interesting  subjects.^. 

All  of  our  American  cities,  towns  and  counties  are 
public  corporations,  full  or  quasi.  They  are  all  created 
by  the  legislature,  and  are  usually  endowed  with  power 
to  legislate  upon,  decide  and  control  local  and  subordi- 
nate matters  pertaining  to  their  respective  organizations. 

The  number  and  freedom  of  these  local  organizations, 


* Guizot  Hist.  Civ.  France,  Sec.  XIX  ; Hallam  Mid.  Ag.,  Ch.  IV  : Frescott 
Hist.  Fred,  and  Isabella,  Introduction,  Sec.  1,  p.  xlvii. 

1 4 Hall  Mid.  Ag.,  Ch.  S. 

■ Id.  Vol.  3,  Ch.  8 ; Hume  Eng.,  Vol.  1,  App.  II ; 3 Hall.  Const.  Hist.,  5*2  ; 
Welle,  on  Munlc.  Corp.,  S ; 3 Macauley’a  Eng.,  Ch.  15.. 


INTRODUCTION. 


19 

whereby  political  power  is  conferred  upon  the  citizens 
of  the  various  local  sub-divisions  of  a State,  all  of  whom 
have  a right  to  vote,  and  thus  regulate  their  own  domes- 
tic concerns,  constitute  a marked  feature  in  our  free 
system  of  government/*  In  general,  each  road-district, 
each  school-district,  each  city,  and  each  county,  is  self- 
governed.  These  are,  of  course,  subject  to  the  legisla- 
ture of  the  State,  and  their  acts,  so  far  as  they  atfect 
private  rights,  are  also  the  subjects  of  judicial  cogni- 
zance and  review.  The  policy  of  creating  local  public 
corporations  for  the  management  of  matters  of  local 
concern,  runs  back  to  an  early  period  in  our  colonial 
history. 

The  elective  franchise  in  these  u local  republics”  is 
not,  as  is  frequently  the  case  in  England,  a privilege 
dependent  upon  custom  or  usage,  or  confined  to  a select 
class ; but  is  uniform  and  universal,  extending  to  all 
of  the  citizens.  Old  Sarums  and  rotten  boroughs  are 
unknown. 

The  effect  of  tins  policy  of  establishing  cities,  towns, 
and  districts  of  country  into  bodies  politic  and  invest- 
ing the  citizens  thereof  with  the  power  of  self-govern- 
ment, lias  been  most  happy. 

It  has  been  noted  by  Chancellor  Kent  that  one  of  the 
most  philosophic  and  fair  of  foreign  observers  (M.  I)e 
Tocqueville,  in  his  De  la  Democratie  en  Amerique,  vol. 
1,  pp.  6-1,  96),  was  much  struck  with  the  institutions  of 
New  England  towns;  and  considered  them  as  small 
independent  republics  in  all  matters  of  local  concern, 
and  as  forming  the  principle  of  the  life  of  American 
liberty  existing  at  this  day.f 

. “ Local  assemblies  of  citizens  constitute  the  strength 
of  free  nations.  Municipal  institutions  are  to  liberty 


* “ In  all  quasi  corporations,  as  cities,  towns,  parishes,  school-districts,  member- 
ship is  constituted  by  living  within  certain  limits.”  Per  Shaw  O.  J.,  Overseer  of 
Poor,  &c.„  v.  Sears,  22  Pick.,  222, 130  “When  a man,”  says  Mr.  Justice  Morton, 
Oakes  v.  Hill,  10  Pick.,  333,  346,  “removes  into  town,  he  becomes  a citizen  thereof. 
Of  possessed  of  the  requisite  qualifications  as  to  age  &c.,  and  if  he  remains  the 
requisite  length  of  time),  whatever  may  bn  the  desire  of  himself  or  the  town.” 
t 2 Kent.  Comm., 275  n. 


INTRODUCTION. 


20 

what  primary  schools  are  to  science ; they  bring  it  within 
the  people’s  reach,  they  teach  men  how  to  use  and  how 
to  enjoy  it.  A nation  may  establish  a system  of  free 
government,  but  without  the  spirit  of  municipal  insti- 
tutions it  cannot  have  the  spirit  of  liberty.”* 

The  value  of  our  system  of  municipal  institutions  to 
which  we  have  thus  alluded  may  be  seen  on  comparing 
the  political  condition  of  the  United  States  with  that  of 
the  people  of  modern  France — selected  as  a fair  exam- 
ple of  a government  without  municipal  freedom. 
France  is  at  present  a highly  centralized  government. 
The  State  there  is  everything ; the  people,  nothing. 
Municipal  institutions  with  a democratic  element,  or 
with  the  power  of  independent  local  self-government, 
belong  there  to  the  past. 

The  central  power  governs  and  regulates  everything. 
It  provides  amusements,  constructs  roads,  bridges,  in- 
ternal improvements,  controls  trade,  inspects  manufac- 
tures— the  only  agency  of  the  people  is  the  poor  privi- 
lege of  paying  the  expense. 

The  effects  of  this  system  are  thus  stated  in  an  able 
article  published  in  the  London  Morning  Chronicle , 
August,  1851.  “Develop  in  the  slightest  degree  a 
Frenchman’s  mental  faculties,  and  he  flies  to  a town  as 
surely  as  steel  filings  fly  to  a loadstone.  From  all 
parts  of  France  men  of  great  energy  and  resource  strug- 
gle up  and  fling  themselves  on  the  world  of  Paris. 
There  they  try  to  become  great  functionaries.  Through 
every  department  of  the  Eighty-four,  men  of  less  energy 
and  resource  struggle  up  to  the  provincial  capital.  All 
who  have,  or  think  they  have  heads  on  their  shoulders, 
struggle  into  town  to  fight  for  office  which  the  govern- 
ment  alone  can  confer.  The  whole  energy  and  knowl- 
edge and  resource  of  the  land  are  barreled  up  in  the 
towns — all  between  towns  is  utter  intellectual  barren- 
ness.” 


* M.  De  Tocqueville  Democ,  en  Am.,  ch.  5. 


INTRODUCTION. 


21 

Such  are  the  withering  effects  of  a centralized  des- 
potism. 

How  different  with  the  decentralized  system  of  gov- 
ernment in  the  United  States,  where  each  local  con- 
stituency chooses  its  own  officers — each  road  district, 
school  district,  village,  town,  city,  and  county  adminis- 
ters its  own  affairs  by  the  people  and  for  the  people.* 
To  civil  territorial  divisions,  with  powers  of  local  ad- 
ministration and  the  universal  exercise  of  the  right  of 
suffrage,  are  due  that  liberty  and  protection  to  private 
rights  and  property  which  are  characteristic  of  the  best 
government  in  Europe  (Great  Britain),  and  the  best  in 
America — the  United  States. 

After  alluding  to  the  antiquity  of  this  system  in 
England,  Mr.  Justice  Brown  in  the  important  case  of 
The  People  v.  Draper  (15  U.  Y.  Bep.  532,  562)  says  : 
u Wherever  the  Anglo-Saxon  race  have  gone,  wherever 
they  have  carried  their  language  and  laws,  these  com- 
munities, each  with  a local  administration  of  its  own 
selection,  have  gone  with  them.  It  is  here  that  they 
have  acquired  the  habits  of  subordination  and  obedience 
to  the  laws,  of  patient  endurance,  resolute  purpose  and 
knowledge  of  civil  government,  which  distinguish  them 
from  every  other  people.  Here  have  been  the  seats  of 
modern  civilization,  the  nurseries  of  public  spirit,  and 
the  centres  of  constitutional  liberty.  They  are  the  op- 
posites of  those  systems  which  collect  all  power  at  a 
common  centre,  to  be  wielded  by  a common  will,  and 
to  effect  a given  purpose,  which  absorb  all  political  au- 
thority, exercise  all  its  functions,  distribute  all  its 
patronage,  repress  the  public  activity,  stifle  the  public 
voice,  and  crush  out  the  public  liberty.” 

u The  city  corporations,”  remarks  a modern  jurist, 
“ which  have  grown  up  in  modern  times,  are  of  infinite 
advantage  to  society ; they  bind  men  more  closely 
together  than  does  any  other  form  of  political  associa- 
tion. But  that,  which  most  remarkably  distinguishes 


*9ee  Barrett  v.  Brooke,  19  Iowa  Rep. 


22 


INTRODUCTION. 


them  from  the  close  corporations  which  formerly  existed, 
is  the  general  spirit  of  freedom  which  has  been  breathed 
into  them.  More  especially  is  this  the  case  with  town 
corporations  in  America,  which  are  as  different  from 
those  of  England  as  the  latter  are  from  similar  corpora- 
tions in  Scotland  and  Holland.”* 

But  the  picture  is  not  without  its  shadows.  There 
are  evils  that  are  either  inherent  in  our  public  corpora- 
tions, or  which  so  generally  attend  their  administration 
as  to  favor  the  proposition  that  they  are  inherent,  which 
greatly  detract  from  their  value.  Some  of  the  principal 
of  these  may  be  briefly  indicated. 

1.  Men  the  best  fitted  by  their  intelligence,  business 
experience  and  capacity,  and  their  high  moral  character 
for  local  governors  or  counselors,  are  not  always  chosen. 

2.  Those  chosen  are  too  apt  to  merge  their  individ- 
ual conscience  in  their  corporate  capacity.  Under  the 
shield  of  their  corporate  capacity,  men  daily  do  acts 
which  they  would  never  do  as  individuals.  The  public, 
as  if  to  retaliate,  act  towards  corporations  in  the  same 
spirit.  The  notion,  though  not  avowed,  is  by  far  too 
much  acted  upon,  that  all  that  can  be|obtained  from  a 
public,  or  indeed  from  any  corporation,  is  legitimate 
spoil.  Against  these,  men  usually  honest  and  fair  in 
their  dealings,  do  not  scruple  to  make  charges  and  to 
present  bills  which  they  would  never  think  of  doing 
against  an  individual  debtor. 

3.  As  a result  of  these  circumstances,  the  adminis- 
tration of  the  affairs  of  our  municipal  corporations  is 
too  often  apt  to  be  both  unwise  and  extravaganitfi 

But  with  all  these  drawbacks,  our  system  of  popular 


* Per  Grimke  J.,  in  Rosebaugh  v.  Salfin,  10  Ohio,  31,  30. 

These  effects  are  not  confined  to  this  side  of  the  Atlantic.  ‘ It  is  a familiar 
fact,”  says  Mr.  Herbert  Spencer,  “that  the  corporate  conscience  is  ever  inferior 
to  the  individual  conscience — that  a body  of  men  will  commit,  as  a joint  act.  that 
which  every  individual  of  them  wou’d  shrink  from  did  he  feel  personally  responsi- 
ble.” Essas,  No.  VII,  y.  261,  Am.  Ed.,  1S65.  And  see  Id.  Essay  No.  V for  a 
description— perhaps  too  highly  colored— of  the  workings  of  the  English  reformed 
municipal  corporations. 


INTRODUCTION. 


23 

municipal  organization  and  administration  must,  on  the 
whole,  lie  admitted  to  he  the  best  that  has  ever  been 
devised.  Any  other  conclusion  would  be  equivalent  to 
declaring  that  absolutism  was  better  than  democracy ; 
that  the  few  ought  to  govern  the  many  ; that  the  people 
are  incapable  of  self-government;  and  that  a represen- 
tative system  of  government  was  a failure. 


24 


LIST  OF  ACTS  INCORPORATING  DAVENPORT. 


LIST  OF  ACTS  INCORPORATING  DAVENPORT. 


1 . Davenport  was  first  incorporated  by  an  act  of  the 
Legislature  approved  January  25,  1839,  and  entitled 
“An  act  to  incorporate  the  town  of  Davenport.” 

2.  This  act  was  repealed  by  an  act  passed  February 
11,  1842,  also  entitled  “An  act  to  incorporate  the  town 
of  Davenport.”  The  vote  of  the  citizens  of  the  town 
was  72  for  and  10  against  the  adoption  of  the  charter  of 
February  11,  1842.  (See  city  records,  March  14, 1842.) 

3.  And  this  last  act  was  itself  repealed  by  “An  act 
to  incorporate  the  city  of  Davenport,”  approved  Febru- 
ary 5,  1851,  which,  with  the  amendments  thereto, 
passed  January  24,  1853  (extending  limits),  January 
22,  1855,  and  January  23,  1857,  constitute  the  present 
organic  law  of  the  city.  The  original  charter,  with  the 
amendments  incorporated  therein,  is  herewith  printed. 

4.  On  the  20th  March,  1858,  passed  another  act 
amendatory  of  the  city  charter  (see  Chapter  88  Laws  7 
General  Assembly),  but  this  whole  act  was  decided  by 
the  Supreme  Court  to  be  unconstitutional,  on  the  ground 
that  under  the  present  constitution  city  charters  cannot 
be  amended  by  a special  act.  (Ex  parte  Fritz , 9 Iowa 
Iiep.  p.  30.) 


CITY  CHARTER 

AND 

AMENDMENTS.* 


A~N  ACT  to  incorporate  tlie  City  of  Davenport,  ap- 
proved February  5,  1851. 

ARTICLE  I. 

OF  THE  BOUNDARIES  AND  GENERAL  POWERS. 

Section  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Iowa , That  the  inhabitants  of  the  town  incorporating 

* clfltlSG 

of  Davenport,  in  the  county  of  Scott,  and  State  of  Iowa, 

. he,  and  they  are  hereby  constituted  a body  politic  and 
corporate,  by  the  name  and  style  of  the  “ City  of  Da- 
venport,” and  by  that  name  shall  have  perpetual  suc- 
cession, and  may  have  and  use  a common  seal,  which SeaI- 
they  may  change  and  alter  at  pleasure. 

[The  existing  boundaries  of  the  city  are  those  pre- 
scribed by  the  amendment  to  the  City  Charter  approved 


* Explanation.— In  this  re-print  of  the  Charter,  the  articles  and  sections  are 
those  of  the  original  charter,  except  where  the  contrary  is  indicated. 

Organic  Law  op  City.— The  general  law  entitled  “An  Act  for  the  incorpora- 
tion of  Cities  and  Towns,”  (Rev.,  Ch.  51/  Art.  1),  does  not,  except  as  therein 
specially  provided,  apply  to  cities  such  as  Davenport,  which  owe  their  corporate 
existence  to  special  charters,  and  which  have  never  adopted  the  general  law. 

Burke  v.  Jeffries,  19  Iowa  Rep.,  overruling  Whiting  v.  Mount  Pleasant , 11  Iowa 
Rep.,  482. 

Therefore,  the  city  charter  and  its  amendments  constitute  the  organic  law  of  the 
city  of  Davenport,  together  with  certain  general  statutes  which  are  made  specially 
applicable  to  cities  having  special  charters.  Municipal  corporations  are  at  all 
times  subject  to  legislative  control : their  powers  may  be  enlarged  or  taken  away 
at  the  pleasure  of  the  legislature. 

Morford  v.  Unger , 7 Iowa  Rep.,  82  ; Birchard  v.  Bissell,  11  Ohio  St.  R.,  96. 


CITY  CHARTER  AND  AMENDMENTS. 


Boundai-ies  of 
the  city. 


Additions  to 
plat. 


26 

January  23,  1857,  and  are  set  forth  in  Section  2,  next 
below  printed.] 

Sec.  2.  That  all  that  district  of  country  embraced 
within  the  following  boundaries  be,  and  the  same  is 
hereby  declared  to  be  within  the  limits  of  the  said  city 
of  Davenport,  to-wit : Beginning  in  the  middle  of  the 
main  channel  of  the  Mississippi  river,  due  south  of  the 
central  or  half  section  line  of  section  number  thirty,  in 
township  seventy-eight,  north  of  range  four  east ; thence 
north  along  said  central  line  to  the  line  between  sections 
nineteen  and  thirty ; thence  west  along  said  section 
line,  and  the  southern  boundary  line  of  section  twenty- 
four,  in  township  seventy-eight,  north  of  range  three 
east,  to  a point  due  north  of  the  north-east  corner  of  the 
tract  of  land  reserved  by  the  Government  of  the 
United  States,  and  donated  to  Antoine  Le  Claire,  and 
known  as  Le  Claire’s  Reserve,  in  said  township  seventy- 
eight,  north  of  range  three  east ; thence  north  to  the 
east  and  west  central,  or  half  section  line  of  section 
twenty-four,  in  said  last  mentioned  township ; thence 
west  on  said  central,  or  half  section  line,  to  the  north- 
west corner  of  the  south-west  quarter  of  section  twenty- 
three  ; thence  south  to  a point  half  way  between  said 
corner  and  the  south-east  corner  of  section  twenty-two ; 
thence  west  to  the  western  boundary  line  of  said  south- 
east quarter  of  section  twenty-two ; thence  south  to  the 
county  road,  known  as  the  telegraph  road ; thence 
westerly  along  the  north  side  of  said  road  to  the  section 
line  between  sections  twenty-seven  and  twenty-eight ; 
thence  south  to  the  south-west  corner  of  the  north-west 
quarter  of  section  thirty-four  ; thence  east  to  the  south- 
east corner  of  said  quarter  section  ; thence  south  to  the 
middle  of  the  main  channel  of  the  Mississippi  river,  and 
thence  up  and  along  the  middle  of  the  main  channel 
thereof  to  the  place  of  beginning. 

Sec.  3.  The  tracts  of  land  laid  off  into  town  lots, 
and  duly  recorded  as  required  by  law  for  the  recording 
of  “ town  plats  ” adjoining  said  town,  or  whenever  any 
tract  of  land  adjoining  the  city  of  Davenport  shall  have 


CITY  CHARTER  AND  AMENDMENTS. 


27 

been  laid  off,  or  shall  hereafter  be  laid  off  into  town 
lots,  and  duly  recorded  as  required  by  law,  the  same 
shall  be  annexed  to,  and  form  a part  of  the  city  of 
Davenport. 

[The  amendment  of  the  City  Charter  approved  Jan- 
uary 24,  1853,  and  still  in  force,  contained  a similar 
provision,  in  the  following  language  :] 

Tracts  of  land  laid  off  into  town  lots  adjoining  to  the 
present  boundaries  of  said  city,  shall  be  a part  of  said 
city,  whenever  the  same  are  duly  recorded  as  required 
by  law\  (Sec.  2 Act  January  24,  1853.) 

[And  the  amendment  to  the  City  Charter  approved 
January  22,  1855,  and  still  in  force,  contains,  also,  the 
following  provisions  respecting  the  platting  and  laying 
off  lots  within  the  limits  prescribed  by  that  amend- 
ment.*] 

In  platting  and  laying  off  lots  within  the  limits  afore-  width  of  street 
said,  the  proprietors  thereof  shall  make  the  streets  at and  alleys' 
least  eighty  feet  wide,  and  the  alleys  at  least  twenty 
feet  wide,  and  every  individual  or  company  owning 
within  the  above  described  limits  forty  acres,  or  more, 
in  any  one  body,  shall,  in  laying  it.  out  into  blocks  or 
lots,  lay  off  at  least  one  public  square,  to  contain  not  Public  square, 
less  than  two  and  three-fourths  acres  of  land  ; said  pub- 


*For  the  former  boundaries  of  the  city  under  the  amended  charter  of  Jan.  22, 
1855,  see  Revised  Ordinances  of  1862,  p.  192  ; and  General  Laws  of  the  State,  acts 
of  5th  General  Assembly,  p.  83. 

Action  of  City  Council. — The  following  is  an  extract  from  the  records  of  the 
City  Council,  Sept.  7, 1864  : 

“ The  committee  on  public  grounds  and  buildings  offered  the  following  report : 

“ To  the  City  Council  of  the  City  of  Davenport , in  Council  assembled  : 

“ Your  committee,  to  whom  was  referred  the  matter  of  the  additions  to  the  city 
of  Davenport,  on  the  amended  charter  of  1855,  respectfully  report  : 

“ They  have  examined  nearly  all  the  plats  of  additions  recorded  since  the  amend- 
ment of  the  charter,  and  they  find  that  the  charter,  in  respect  to  the  provision 
requiring  streets  to  be  of  the  width  of  eighty  feet,  has  been  almost  universally  dis- 
regarded. Your  committee  has  examined  about  twelve  of  the  most  important  of 
the  additions  to  the  city,  no  one  of  which  has  the  streets  of  the  required  width. 

“ Your  committee  are  of  the  opinion  that  it  is  inexpedient  to  attempt  now  to 
widen  the  streets  on  the  plats  of  additions  heretofore  recorded  so  as  to  make  them 
the  width  of  eighty  feet. 

“ D.  L.  SHOREY, 

City  Attorney. 


•‘Adopted.1 


JOHN  HORNBY, 
M.  NOE. 


CITY  CHARTER  AND  AMENDMENTS. 


28 

lie  squares  to  be  enclosed  and  ornamented  similar  to 
other  public  squares  in  said  city,  by  the  city  authorities, 
within  three  years  after  the  laying  out  and  recording 
the  same.  (Sec.  2 Act  January  22,  1855.) 

Sec.  4.  The  inhabitants  of  said  city,  by  the  name 

?a!e  powers.rP°' and  StJle  aforeSaid5  shall  have  power  to  SHE  AND  BE 

sued,  to  implead  or  be  impleaded,  defend  and  be  de- 
fended, in  all  courts  of  law  and  equity,  and  in  all 
actions  whatever,  to  purchase,  receive  and  hold  pro- 
perty, both  real  and  personal  and  mixed  in  said  city  ; 
to  purchase,  receive  and  hold  property,  both  real,  per- 
sonal, and  mixed,  beyond  the  city,  for  burial  grounds, 
or  for  other  purposes,  for  the  use  of  the  inhabitants  of 
said  city  ; to  sell,  lease,  convey  or  dispose  of  property, 
real,  personal  and  mixed,  for  the  benefit  of  the  city ; 
and  to  improve  and  protect  such  property,  and  to  do  all 
other  things  in  relation  thereto  as  natural  persons.* 


* General  Powers  op  Corporation— How  Determined.— It  is  a general  and 
undisputed  proposition  of  law,  that  a municipal  corporation  possesses  the  follow- 
ing powers,  and  no  other : 

1.  Those  which  are  granted  to  it  in  express  words ; 

2.  Those  necessarily  incident  to  the  powers  expressly  granted  ; and 

8.  Those  essential  to  the  objects  and  purposes  of  the  corporation— not  simply 
convenient,  hut  essential.  (12  Cush.,  103, 105). 

The  charter  or  incorporating  act  is  the  organic  law  of  the  eity.  The  Council 
can  do  nothing  not  authorized  thereby.  If  it  does,  it  transcends  its  powers,  and  the 
city  is  not  bound.  Much  less  can  the  council  exercise  any  power  which  is  pro- 
hibited. The  rule  above  laid  down,  if  well  studied,  will  afford  a guide  to  deter- 
mine the  power  of  the  corporation.  When  it  is  proposed  to  do  an  act  or  pass  an  ordi  - 
nance,  let  the  inquiry  be  made,  is  the  power  given  in  express  words  ? If  not,  is  it 
necessarily  and fairly  incident  to  a power  which  is  expressly  given  ? or,  is  it  essen- 
tial to  the  objects  and  purposes  of  the  corporation  ? Any  doubt  as  to  the  existence 
of  a power  is  resolved  by  the  courts  against  the  city.  Consult  on  this  subject, 
Clark  v.  City  of  Des  Moines t 18  Iowa  Rep. ; Clark , Dodge  # Co.  v.  City  of  Daven- 
port, 15  Iowa,  494  ; Mintum  v.  Lane , 23  How  U.  S.  Rep.,  486  ; 7 Ohio,  pt.  2,  p.  31, 
35  ; 18  id.,  523. 

Property  Rights  of  City— Distinction.— Art.  1,  Sec.  4,  gives  the  city  full 
power  to  buy,  or  to  receive  by  will  or  gift,  all  kinds  of  property,  for  any  purpose 
not  foreign  to  the  objects  and  purposes  of  the  corporation.  15  How.,  367  ; 5 Ind., 
334;  15  N.  H.,  331 ; 3 Pick.,  232,  238  ; 13  Mass.,  371,  378.  But  in  relation  to  this 
power,  it  is  to  be  observed  that  a municipal  corporation  has  rights  of  two  distinct 
classes.  It  has  a right  to  property  which  it  may  own,  and  with  respect  to  these 
rights  the  corporation  is  likened  to  an  individual  property  owner.  It  may  acquire , 
hold,  and  convey  such  property  the  same  as  natural  persons.  Reynolds  v.  Stark 
Co .,  5 Ohio  Rep.,  204;  5 Ohio  St.  R.,  113.  But  this  does  not  apply  to  streets, 
squares,  &c.,  held  by  the  corporation  in  trust  for  the  whole  community  : these  can- 
not be  sold  or  alienated  by  the  corporation. 

The  rights  of  the  corporation  as  a property-holder  are  distinct  from  the  legisla- 


CITY  CHARTER  AND  AMENDMENTS. 


29 


ARTICLE  II. 

OF  THE  CITY  COUNCIL. 

Section  1.  There  shall  be  a City  Council,  to  consist  council, 
of  a Mayor  and  Board  of  Aldermen.* * 

Sec.  2.  The  Board  of  Aldermen  shall  consist  of  two 
members  from  each  ward,  to  be  chosen  by  the  qualified 
voters,  for  two  years. 

Sec.  3.  Ao  person  shall  be  an  Alderman,  unless  at  Qualification  of 
the  time  of  his  election  a citizen  of  the  United  States, 
six  months  a resident  of  the  State  of  Iowa,  over  the  age 
of  twenty-one  years,  and  resident  three  months  within 
the  limits  of  said  city.  If  any  Alderman  shall,  after 
his  election,  remove  from  the  ward  for  which  he  is  from 

elected  in  said  city,  his  office  shall  be  thereby  vacated ; 
at  the  first  meeting  of  the  City  Council,  the  Aldermen 


live  rights  of  the  corporation.  These  latter  rights  are  inalienable  ; and  a corpora- 
tion has  no  power,  as  a party,  to  make  contracts  which  shall  control  or  embarrass 
its  legislative  powers  and  duties. 

Mayor  v.  Second  Av.  R.  R.  Co.,  32  N.  Y.  Rep.,  261  ; Debait  v.  Ins.  Co.,  1 Ohio 
St.  R,  564  ; 3 id.,  678  ; per  Bartley  J.,  dissenting,  5 id.,  375  ; Davis  v.  The  Mayor , 
#c,,  14  N.  Y.,  506,  532,  (Broadway  horse  railroad  case)  ; 5 Cow.,  538;  7 id.,  5S8;  31 
Pa.  St.  R.,  175;  23  Wend..  277;  1 Hilt.,  562,  568;  1 Hill.,  545;  compare  3Duer,  119; 
14  N.  Y.,  506  ; 25  Wend.  62S. 

Judgments  not  Liens  on  City  Property. — A judment  against  the  city  is  not 
a lien  upon  property  which  it  owns  for  general  public  purposes— such,  for  exam- 
ple, as  a city  hall,  city  hospital,  and  the  like,  and  such  property  is  not  subject  to 
levy  and  sale  on  execution  against  the  city. 

City  of  Davenport  v.  Peoria  Ins.  Co.,  17  Iowa  Rep.,  276;  Rev.  I860,  Sec.  3274. 

* Validity  of  Corporate  Meetings— Quorum  Defined,  &c.— By  this  section 
the  Council  “consists  of  a Mayor  and  Board  of  Aldermen.”  The  Board  consists  of 
twelve  members.  A majority  of  the  Council  constitutes  a quorum.  (Art.  2 
Sec.  4).  The  general  rule  of  law  is,  “that  a majority  must  be  present  to  consti- 
tute a quorum,  and  then  a majority  of  the  quorum  may  decide.”  2 Kent  Com., 
298.  Mr.  Dane  illustrates  the  rule  thus  : “ If  the  charter  requires  twelve  Coun- 
cilmen  to  do  an  act,  seven  of  them  at  least  must  be  present,  though  four  of  the 
seven  may  give  the  vote,”  &c.  5 Dane  Abr.,  150  ; and  see  Buell  v.  Buckingham,  16 
Iowa  Rep.,  288,  291,  and  cases  there  cited  ; Exparte  Strahl , 16  Iowa  Rep.,  369,  and 
dictum  on  page  376.  Under  this  rule  will  the  Mayor  (who  only  votes  in  case  of  a 
tie)  and  six  Aldermen,  being  seven,  (a  majority  of  thirteen,)  constitute  a legal  Coun- 
cil ? This  is  doubtful ; and  for  safety  sake,  a Council  should  do  no  business  unless 
seven  Aldermen  be  present.  A majority  of  seven,  or  four,  may  then  pass  an  ordi- 
nance or  do  any  valid  act.  The  provision  of  the  new  constitution  (Art.  8,  Sec.  7) 
requiring  the  assent  of  a majority  of  all  the  members  of  each  branch  of  the  Gen- 
eral Assembly  to  pass  a bill,  does  not  apply  to  municipal  corporations  or  alter  the 
law  applicable  thereto,  as  it  is  above  stated.  See  also  Coles  v.  Trustees , fyc.,  10 
Wend.,  658;  Exparte  Wilcox ,7  Cew.,402;  id.  463,note.  Nature  of  office  of  Mayor 
and  his  functions  and  duties  discussed  Achley’s  case,  4 Abb.  Pr.  Rep-,  35. 


CITY  CHARTER  AND  AMENDMENTS. 


Classes. 


Judge  of  Elec- 
tions. 

Quorum. 


Rules . 

Expulsion. 

Journal. 

Ayes  and  nays 

Vacancies. 


Oath  of  office. 


30 

shall  be  divided  by  lot  into  two  classes,  the  seats  of 
those  of  the  first  class  shall  be  vacated  at  the  expiration 
of  the  first  year,  and  of  the  second  class  at  the  expira- 
tion of  the  second  year,  so  that  one-half  of  the  Board 
shall  be  elected  annually.* 

Sec.  4.  The  City  Council  shall  judge  of  the  quali- 
fications, elections,  and  returns  of  tiieir  own  members, 
and  shall  determine  all  contested  elections. *1*  A ma- 
jority of  the  City  Council  shall  constitute  a quorum  to 
do  business,  but  a smaller  number  may  adjourn  from 
time  to  time  and  compel  the  attendance  of  absent  mem- 
bers, under  such  penalties  as  may  be  prescribed  by 
ordinance.  They  shall  have  power  to  determine  the 
rule  of  its  proceedings,  punish  their  members  for  con- 
temptuous or  disorderly  conduct,  and  with  the  con- 
currence of  two-thirds  of  the  members  elected,  expel  a 
member.  They  shall  cause  to  be  kept  a journal  of 
their  proceedings,  and  may  from  time  to  time  publish 
the  same,  and  the  yeas  and  nays,  when  demanded  by 
any  member  present,  shall  be  entered  on  the  journal. 
All  vacancies  that  shall  occur  in  the  Board  shall  be 
filled  by  election. 

Sec.  5.  The  Mayor  and  each  Alderman,  before  en- 
tering on  the  duties  of  their  respective  offices,  shall 
take  and  subscribe  an  oath  or  affirmation  “ that  they 
will  support  the  Constitution  of  the  United  States,  and 
of  the  State  of  Iowa,  and  that  they  will  discharge  the 
duties  of  their  office  to  the  best  of  their  knowledge  and 


* Right  to  Hold  Over. — Where  it  is  made  the  duty  of  a City  Counctl  to  give 
notice  of  and  provide  for  an  annual  election,  and  they  fail  to  do  so,  it  has  been 
decided  that  they  do  not  hold  over,  as  this  would  be  basing  a right  upon  their  own 
neglect  of  duty.  But  quere. 

People  v.  Bartlett , C.  Wend.,  422  ; but  see  9 Johns,  147;  8 Abb.  Pr.  Rep.,  359  ; 1 
Ind.  (Cart.,)  500.  502,  and  cases  cited;  9 Fost.,  213,  commenting  on  N.  Y.  cases. 

t Canvassing  Votes. — Where  the  Common  Council  has  once  legally  canvassed 
the  votes  for  the  election  of  municipal  officers,  they  have  exhausted  their  power, 
acid  cannot  afterwards  reverse  their  decision  by  making  a different  determination. 

Hadley  v.  Mayor , 83  N.  Y.  Rep.,  603.  How  far  and  when  decision  of  Council 
is  final,  see  Hadley  v.  Mayor , 33  N.  Y.  Rep.,  603  ; State  of  Iowa  v.  Funck,  17  Iowa 
Rep.,  865  ; Ex  parte  Strahl , 16  Iowa  Rep.,  869. 

The  city  of  Davenport  has  passed  ordinance  (herewith  printed)  relating  to  con- 
tested and  tie  elections. 


CITY  CHARTER  AND  AMENDMENTS. 


31 

ability.”  Whenever  there  shall  be  a tie  in  the  election  Tie  election, 
of  an  Alderman,  the  judges  of  the  election  shall  certify 
the  same  to  the  Mayor,  who  shall  determine  the  same 
by  lot,  in  such  manner  as  shall  be  determined  by  ordi- 
nance. There  shall  be  twelve  stated  meetings  of  the  Meetings. 

City  Council  in  each  year,  at  such  times  and  places  as 
may  be  prescribed  by  ordinance,  and  for  such  special 
meetings  as  they  may  deem  necessary. 

ARTICLE  III. 

OF  THE  CHIEF  EXECUTIVE  OFFICER. 

Section  1.  The  chief  executive  officer  of  the  city 
shall  be  a Mayor,  who  shall  be  elected  by  the  qualified  Mayor, 
voters  of  the  city,  and  shall  hold  his  office  for  one 
year,  and  until  his  successor  shall  be  elected  and  qual- 
ified. ~No  person  shall  be  eligible  to  the  office  of  Eligibility  and 

-*■  ^ term . 

Mayor,  who  shall  not  be  a citizen  of  the  United  States, 
a resident  of  the  city  one  year  next  preceding  his  elec- 
tion, and  over  the  age  of  twenty-one  years  ; and  if  any 
Mayor  shall,  during  the  time  for  which  he  shall  have 
been  elected,  remove  from  the  city,  or  be  absent  there- Mayor  absent, 
from  more  than  two  months  at  any  one  time,  his  office 
shall  become  thereby  vacated.  (See  next  section.) 

Sec.  2.  When  two  or  more  persons  shall  have  an 
equal  number  of  votes  for  Mayor,  the  judges  of  theTievote’ 
election  shall  certify  the  same  to  the  City  Council,  who 
shall  proceed  to  determine  the  same  by  lot,  in  such 
manner  as  may  be  provided  by  ordinance.  Whenever 
an  election  shall  be  contested  for  Mayor,  the  City 
Council  shall  determine  the  same  in  such  manner  as 
may  be  prescribed  by  ordinance ; and  whenever  any 
vacancy  shall  happen  in  the  office  of  Mayor,  it  shall  beFillIngvacancJr- 
filled  by  election  ; and  until  such  election  shall  be 
had,  it  shall  be  competent  for  the  Board  of  Aldermen 
to  elect  one  of  then*  number  President,  who  shall  be 
Mayor  pro  tern.  Mayor  pn  ,tm 

[By  the  amended  Charter  of  January  23d,  1857,  the 
following  provision  is  made  concerning  sickness  or 


CITY  CHARTER  AND  AMENDMENTS. 


Sickness  or  ab- 
sence of  Mayor. 


Election  of  offi- 
cers . 


Time  and  mode. 


Canvass. 


Duty  of  Clerk 


Notice  of  elec- 
tion. 


32 

absence  by  the  Mayor  for  a less  period  than  two  months, 
to-wit :] 

In  case  of  the  sickness  of  the  Mayor,  or  of  his  ab- 
sence from  the  city  for  a less  period  than  two  months, 
said  City  Council  may  elect  one  of  the  Aldermen 
Mayor  pro  tem .,  who  shall  possess  all  the  authority, 
and  perform  all  the  duties  of  the  office  of  Mayor  during 
such  sickness,  or  temporary  absence  of  the  Mayor. 
(Sec.  3 Amended  Charter,  January  23,  1857.) 

ARTICLE  IV. 

OF  ELECTION, 

Section  1.  On  the  first  Saturday  of  April  next,  (A. 
D.  1851)  an  election  shall  be  held  in  each  ward  of  said 
city,  for  one  Mayor  for  said  city,  two  Aldermen  for 
each  ward,  and  forever  thereafter  on  the  first  Satur- 
day of  April,  of  each  year,  there  shall  be  an  election 
held  for  one  Mayor  for  the  city,  and  an  Alderman  for 
each  ward.  The  City  Council  shall,  before  each  annual 
or  special  election,  appoint  three  electors  in  each  ward 
of  said  city,  to  act  as  judges  and  clerks  of  said  election, 
who  shall  take  the  same  oath,  conduct  the  elections  in 
the  same  manner  as  are  now  provided,  or  hereafter  may 
lie  provided  by  law  for  holding  and  conducting  elections 
for  county  officers  ; said  judges  and  clerks  shall  return 
a certified  statement  of  the  persons  voted  for  as  Aider- 
men  and  Mayor,  in  their  respective  wards,  within  three 
days,  to  the  Clerk  of  said  city  ; and  a majority  of  said 
judges  shall  meet  at  said  Clerk’s  office  on  the  Monday 
following,  and  canvass  the  number  of  votes  cast,  who 
for,  and  the  person  elected  Mayor,  (provided  there  has 
been  a choice)  to  the  Clerk  of  said  city.  The  Clerk 
shall  receive  said  returns,  certificates  and  poll  books, 
and  preserve  the  same  among  the  papers  of  his  office, 
and  shall  give  the  person  and  persons  receiving  the 
highest  number  of  votes  for  Mayor  and  Aldermen,  a 
notice  of  their  election,  within  two  days  after  the  re- 
ceipt of  the  returns  aforesaid,  and  such  person  receiving 


CITY  CHARTER  AND  AMENDMENTS.  gg 

such,  notice  of  his  election,  as  Mayor  or  Alderman, 
shall,  within  five  days  after  the  receipt  of  snch  notice,  when  to  qualify 
take  the  oath  prescribed  in  this  act  for  the  office  to 
which  he  may  have  been  elected,  and  a neglect  or  re- 
fusal to  take  snch  oath,  and  file  the  same  with  the 
Clerk,  shall  be  taken  as  a refusal  of  said  office,  and  the 
City  Council  may  proceed  to  fill  such  vacancy  as  pro- 
vided for  in  this  act. 

Sec.  2.  All  resident  citizens  over  the  age  of  twenty-  wrho  may  vote, 
one  years,  who  are  entitled  to  vote  for  State  officers, 
and  who  shall  have  been  actual  residents  of  said  city 
ninety  days  next  preceding  said  election,  shall  be  enti- 
tled to  vote  for  city  officers  ; provided,  that  said  elec- 
tors shall  give  their  votes  for  Mayor  and  Alderman  in 

THE  WARDS  ill  whidl  THEY  RESPECTIVELY  RESIDE  ; and  Where. 

for  voting  illegally  at  any  election  herein  provided  illegal  voting, 
for,  shall  be  punished  in  the  same  manner,  and  with 
like  effect,  as  is  provided  under  the  general  laws  of  the 
State  of  Iowa  for  illegal  voting  A 

ARTICLE  Y. 

OF  THE  LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 

Section  1.  The  City  Council  shall  have  power  and 
authority  to  levy  and  collect  taxes  upon  all  taxable  Taxes, 
property,  real,  personal  and  mixed,  within  the  city,  not 
exceeding  one-half  per  cent,  per  annum  upon  the 
assessed  value  thereof,  which  value  shall  be  ascertained 
by  the  assessor  of  said  city ; to  provide  by  ordinance 
the.  time  for  taking  such  assessment  ; when  the  same  Mode  of  aS8eS3. 
shall  be  returned  to  the  City  Clerk,  and  also  provide ment’  &c> 
for  the  assessing  of  property  that  may  have  been  omit- 


* By  the  laws  of  the  State  here  referred  to,  if  a voter  “ unlawfully  vote  more 
than  once  at  any  election,”  or  if  a person  vote  when  he  knows  himself  not  to  be 
qualified  to  do  so,  he  is  punishable  by  fine  ranging  from  $200  to  $300,  and  by  im- 
prisonment in  the  county  jail  not  exceeding  one  year.  Revision  of  Iowa  of  1860, 
Sections  4334,  4335,  4336. 

Prosecutions  for  illegal  voting  at  charter  elections  must  be  in  the  District  Court 
There  is  no  ordinance  providing  for  such  prosecution  before  the  Mayor  or  Police 
Magistrate.  Such  an  ordinance  would  be  of  very  questionable  validity.  (Bill  of 
Rights,  Sec.  11 ; Rev.  1860,  Secs.  4-3*34-36,  above  referred  to;  Charter,  Art.  4,  Sec.  2). 

5 


CITY  CHARTER  AND  AMENDMENTS. 


34 

ted  or  overlooked,  or  otherwise  not  returned  by  said 
assessor ; also  the  time  when  said  Clerk  shall  make  out 
and  deliver  to  the  Marshal  of  said  city,  a copy  of  said 
assessment,  together  with  the  tax  due  or  assessed, 
which  said  copy  shall  be  sealed  with  the  common  seal 
of  said  city,  with  a warrant  for  the  collection  of  the 
taxes  so  assessed,  signed  by  the  Mayor  and  Clerk  of 
said  city.*  The  City  Council  shall  have  power  to  cor- 


* Right  to  Levy  Taxes— General  Principle. — A city  cannot  exercise  the 
power  of  taxation  unless  the  power  is  expressly  conferred.  Property  cannot  be 
taxed  unless  it  is  authorized  by  the  legislature.  When  the  mode  is  prescribed, 
that  mode  alone  can  be  pursued.  The  power  is  strictly  construed,  and  must  be 
closely  followed. 

City  of  Davenport  v.  M.  # M.  R.  R.  Co .,  12  Iowa  Rep.,  545;  City  of  Burlington 
v.  Kellar,  18  Iowa  Rep.;  Tollman  v.  Butler  Co.,  12  Iowa,  531;  Buell  v.  Ball  19 
Iowa  Rep. 

Extent  of  City’s  Power  to  Levy  Taxes— It  has  been  decided  by  the  Su- 
preme Court  of  this  State  that  under  Art.  5,  Sec.  1 of  the  charter,  the  city  has  no 
power  to  levy  a tax  (even  to  pay  a judgment)  beyond  the  one-half  per  cent,  per 
annum.  This  is  the  limit  authorized  by  the  charter,  and  the  city  cannot  be  com- 
pelled by  mandamus  to  exceed  it.  In  addition  to  this,  a special  tax  may  be  levied 
under  Secs.  7 and  8 of  the  amended  charter  of  January  22,  1855,  to  pay  the  par- 
ticular debt  therein  referred  to.  In  addition  to  this  the  charter  authorizes  the 
levy  of  a road  tax  not  exceeding  three  mills  on  the  dollar.  (Amendment  to  char- 
ter of  January  23, 1857,  Sec.  4.)  This  is  the  extent  of  the  power  of  the  city  to 
levy  general  taxes.  It  may  also  levy  a poll-tax  and  make,  in  certain  cases,  special 
assessments.  See  act  of  1866,  as  to  tax  for  health  purposes. 

The  power  of  the  city  of  Davenport,  with  respect  to  the  levy  of  taxes,  will  be 
found  discussed  arid  determined  in  the  following  cases  : 

Clark,  Dodge  (5'  Co.  v.  Davenport,  12  Iowa  Rep.  335  ; Gas  Light  Co.  v.  Daven- 
port, 13  Id.  229  ; Clark,  Dodge  <5*  Co.  v.  Davenport,  14  Id.  494. 

City  may  by  mandamus  be  compelled,  if  necessary  to  pay  a judgment  creditor, 
to  levy  the  maximum  rate  authorized  by  its  charter. 

Coy  v.  Lyons,  17  Iowa  Rep.  1. 

As  to  mandamus  to  city  to  compel  levy  of  tax  Bee  also  Dox  v.  Co.  Judge,  12 
Iowa  R.  237. 

As  to  right  to  tax  lands  not  laid  off  into  lots. — Upon  the  subject  of  taxa- 
tion of  lands  by  cities  the  Supreme  Court  of  this  State  has  made  some  very  im- 
portant decisions. 

The  Court  admits  that  the  legislature  has  the  power  to  extend  the  limits  of  a 
city  so  as  to  include  adjacent  lands  and  property  without  the  consent  of  the  owner 
and  tax  the  same.  (S.  P.  11  Ohio  St.  Rep.  96,285,  290.)  But  this  right  to  tax  is 
subject  to  this  limitation  : So  long  as  the  land  thus  embraced  in  the  city  limits  is 
used  solely  for  agricultural  purposes  or  lies  vacant  and  is  not  laid  out  into  town 
lots,  nor  needed  or  required  for  streets  or  houses  or  other  purposes  of  a town,  the 
corporation  authorities  cannot  tax  such  property  as  toAvn  property  without  the 
consent  of  the  owner. 

The  above  are  cases  where  the  corporation  cannot  tax  the  property  for  strictly 
corporate  purposes. 

But  on  the  other  hand,  when  the  property  to  be  taxed  is  within  the  corporate 
limits  in  such  close  proximity  to  the  settled  and  improved  portions  of  the  town, 
that  the  corporate  authorities  cannot  open  and  improve  its  streets  and  alleys  and 
extend  Us  police  regulations,  &c.,  without  incidentally  benefltting  the  property 


CITY  CHARTER  AND  AMENDMENTS. 


35 

rect  or  equalize  any  erroneous  or  injudicious  assessment. 

The  Marshal  shall  be  the  collector  of  all  taxes  Mode  of  coiiee- 

. . tion,  &c. 

assessed  as  aforesaid ; he  shall,  upon  receiving  a copy 
of  such  assessment  and  warrant,  as  aforesaid,  make 
personal  demand  of  every  resident  charged  with  tax, 
if  to  be  found  within  said  city,  or  leave  a written 
notice  of  the  amount  of  such  tax  at  his  or  her  place  of 
abode,  and  shall  put  up  at  least  one  written  notice  in 
each  ward  of  said  city,  that  if  the  taxes  are  not  paid 
within  twenty  days  thereafter,  the  same  will  be  collect- 
ed by  sale  of  property  of  delinquents  ; at  the  expiration 
of  which  twenty  days  said  Marshal  may,  and  he  is 
hereby  authorized  by  distress  and  sale  of  personal  Personal  pro- 
property  of  such  delinquent  or  delinquents,  as  consta- 1 


and  enhancing  its  value,  where,  in  other  words,  the  property  is  needed  for  build- 
ings and  houses,  and  is  benefitted  by  the  city  government,  then  the  power  to  tax 
the  same  exists,  though  it  may  not  actually  be  laid  out  into  lots. 

With  these  rules  each  case  must  be  decided  upon  its  special  circumstances.  If 
the  owners  have  laid  off  the  same  into  lots,  it  is  to  this  extent  ckarly  liable  to  mu- 
nicipal taxation.  And  property,  though  not  liable  to  ordinary  municipal  taxation, 
may  yet  be  liable  for  road  and  school  taxes  where  the  city  or  town  is  a road  or 
school  district,  levying  its  own  taxes  for  these  purposes.  These  principles  of  law 
will  be  found  settled,  discussed,  and  illustrated  in  the  following  cases  : 

Morford  v.  Unger,  7 Iowa  Rep.,  82,  (the  first  and  leading  case),  followed  by 
Langworthy  v.  Dubuque,  13  Iowa,  Rep.}  86;  same  case  more  fully,  16  Iowa  Rep., 
271;  Fulton  v.  Davenport , 17  Iowa  Rep.,  404;  Butler  v.  Muscatine,  (pork-house 
case,)  11  Iowa  Rep.,  533;  Buell  v.  Ball,  16  Iowa  Rep.;  R.  R.  Co.  v.  Spearman , 12 
Iowa  Rep..  113. 

If  the  property  is,  in  fact,  not  liable  to  city  taxation,  the  party  is  not  estopped 
from  objecting  to  its  payment  because  he  has  previously  paid  similar  taxes  without 
objection.  13  Iowa,  86. 

Power  of  cities  to  tax  banks  and  bank-stock,  see  McGregor  v.  State  Bank,  12  Iowa 
Rep.  79.  As  to  power  of  city  to  tax  railroad  property,  the  Judges  of  the  Supreme 
Court  were  equally  divided— Dillon  and  Wright,  J.  J.,  affirming  the  power  to 
tax  their  real  property,  and  Cole,  J.,  and  Lowe,  C.  J.,  denying  the  power. 
See  City  of  Davenport  v.  M.  fy  M.  R.  R.  Co.,  14  Iowa  Rep,  348  ; 17  Iowa  Rep.,  120. 
As  to  personal  liability  of  officers  of  city  for  not  levying-  tax,  see  Oswald  v.  Thed- 
inga,  17  Iowa  Rep.,  13. 

Taxes— Action  to  Recover  Back.— No  action  lies  against  a municipal  corpo- 
ration to  recover  back  money  voluntarily  paid  under  an  invalid  law  or  ordinance. 
Espey  v.  Fort  Madison , 14  Iowa  Rep.,  226.  Or  for  money  paid  for  a city  license. 
Kraft  v.  Keokuk,  14  Iowa  Rep.,  86. 

Remedy  of  Tax-payer.— The  remedy  of  the  party  against  whom  taxes  are  erro- 
neously assessed,  or  where  there  is  an  over-assessment,  is  to  apply  to  the  Board  of 
Equalization  to  have  the  remedy  corrected.  But  where  the  law  is  illegal,  or  the 
assessment  void,  the  party  may  bring  his  action  of  trespass,  or  replevin,  or  in 
equity,  to  restrain  the  collection.  But  he  cannot  resort  to  these  latter  remedies 
where  the  power  to  tax  exists,  but  has  simply  been  irregularly  exercised. 

Macklot  v.  City  of  Davenport,  17  Iowa  Rep.,  379;  Litchfield  v.  Polk  Co.,  18  Iowa 
Rep.,  70. 


CITY  CHARTER  AND  AMENDMENTS. 


Sale  of  real 
property. 


Certificate  of 
sale. 

Redemption. 

Interest. 

See  note  to  this 
section. 

Deed. 


Effect  of  deed. 


36 

bles  on  executions,  to  collect  said  tax,  or  lie  may,  after 
the  expiration  of  the  said  twenty  days,  if  said  tax  shall 
remain  unpaid,  give  notice  by  publication  in  one  of 
the  newspapers  published  in  said  city,  for  six  consecu- 
tive weeks,  stating  the  amount  of  said  tax,  costs,  and 
printer’s  fee  and  the  number  of  the  lot,  or  the  descrip- 
tion of  the  piece  of  land  or  property  on  which  the  same 
are  due,  and  the  owner’s  name  if  known,  and  that  the 
said  lot,  piece  of  land  or  property  will  be  sold  on  the 
day  and  at  the  place  to  be  mentioned  in  said  notice, 
unless  payment  be  made  of  the  taxes,  costs,  and  print- 
er’s fee,  on  or  before  said  day  of  sale,  and  if  such  pay- 
ment should  not  be  made  according  to  said  notice,  then 
said  Marshal  shall  proceed  and  sell  the  same  in  accord- 
ance with  said  notice,  for  said  amount  due,  to  the  bid- 
der who  will  take  the  least  quantity  of  the  lot,  or  piece 
of  land  or  property,  otf  from  the  side  which  said  Marshal 
shall  designate,  or  the  whole,  if  no  bid  for  a less  quan- 
tity, and  he  shall  give  to  the  purchaser  thereof  a cer- 
tificate stating  the  description  of  the  piece  of  land,  or 
the  number  of  the  lot,  or  the  portion  thereof,  or  the 
property  purchased  and  price  paid  therefor,  and  the 
day  of  sale ; and  at  the  expiration  of  two  years  there- 
after, if  the  owner  or  claimant  shall  not  redeem  the 
same  by  paying  the  amount  for  which  the  same  was 
sold,  together  with  fifty  per  c^t.  per  annum  to  the 
purchaser,  or  to  the  City  Treasurer,  for  said  purchaser’s 
benefit,  said  purchaser,  or  his  heirs  or  assigns,  shall  be 
entitled  to  a deed  therefor,  and  the  Mayor  of  said  city 
shall,  on  demand,  and  the  presentation  of  said  certifi- 
cate, make,  execute  and  deliver  to  the  holder,  or  owner 
of  such  certificate,  a deed  for  said  property,  in  said  cer- 
tificate mentioned,  which,  when  acknowdedged,  or 
proven  and  recorded,  as  other  deeds  are  acknowledged 
and  proven,  shall  be  good  and  valid  in  law  and  equity, 
to  pass  a valid  title  to  such  lot,  piece  of  lot,  ground  or 
property,  and  shall  be  jprima  facia,  evidence  in  all 
courts  that  all  things  have  been  complied  with,  nor 
shall  the  same  ever  be  inquired  into,  until  the  amount 


CITY  CHARTER  AND  AMENDMENTS. 


37 

for  which  said  property,  or  real  estate,  together  with 
the  interest  aforesaid,  shall  have  been  tendered  to  the 
holder  thereof,  or  deposited  in  the  City  Treasury,  for 
his  or  their  benefit.* 

Sec.  2.  The  City  Council  shall  have  power  to  pro- 
vide by  ordinance,  from  time  to  time,  for  the  election 
of  a Clerk,  Treasurer,  Assessor,  Marshal,  and  one  city  officers, 
or  more  Street  Commissioners,  by  the  electors  of  said 
town,  by  causing  one  or  more  polls  to  be  opened  in  Election,  &c. 
said  city,  for  said  purpose ; and  they  may  appoint  such 
other  officers  as  they  may  deem  necessary,  or  provide 
for  their  election  by  the  voters  of  said  city  at  the  same 
time  and  place  that  the  above  officers  are  elected  ;f 


* The  provisions  of  Sec.  1,  Art.  5,  of  the  city  charter,  in  relation  to  interest  on 
tax  sales,  tax  deeds  made  by  city  authorities,  etc.,  are  essentially  changed  by  Chap. 

105  of  the  laws  of  the  7th  General  Assembly.  See  laws  of  185S,  p.  207  ; Rev.  1S60, 
p.  194.  This  act  took  effect  July  4, 1858,  and  is  as  follows  : 

“AN  ACT  concerning  taxes  levied  by  Municipal  Authorities. 

“Whereas,  By  the  charters  and  other  acts  granting  to  municipal  corporations 
Ihe  right  to  levy  and  collect  taxes  on  real  estate,  the  mode  of  said  collection,  the 
rate  of  interest,  and  the  effect  of  the  collector’s  deed,  are  various,  unequal,  and  in 
some  cases  unjust;  and  whereas,  it  is  desirable  to  remedy  such  defects,  and  estab- 
lish a uniform  principal  on  the  subject;  therefore, 

“ Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa , That  Qeneraj  ^ax  jaAV 
from  and  after  the  publication  of  this  law,  in  all  cases  of  the  sale  of  real  estate 
made  by  virtue  of  the  law  and  ordinances  of  any  municipal  corporation  in  this 
State,  the  purchaser  shall  receive  a deed,  which  shall  have  the  same  effect  as  the 
County  Treasurer’s  deed,  under  sales  made  by  him  as  provided  in  the  Code 
[of  1851,]  and  that  the  mode  there  provided  for  the  purpose  of  making  sales 
effective  and  foreclosing  the  redemption,  shall  be  purchased  [pursued]  by  the 
holder  of  said  corporatian  deed;  and  no  greater  rate  of  interest  than  twenty-five 
per  cent,  per  annum  shall  hereafter  be  charged  on  any  such  deed  or  sale.” 

Construction  of  above  act,  see  Street  v Hughes , 19  Iowa  Rep.;  Sweet  v.  Billings , 

14  Iowa  Rep.,  384.  The  revenue,  ordinances  of  the  city  of  Davenport  (herewith 
printed)  have  been  made  to  conform  to  this  State  law. 

t By  the  amended  city  charter  of  Jan.  22, 1855,  (Sec.  6 of  said  amendment)  the 
power  is  given  to  the  City  Council  to  appoint,  instead  of  providing  for  electing, 
the  Street  Commissioner,  Assessor,  and  subordinate  officers.  This  amendment  is 
as  follows  : 

“ The  City  Council  shall  have  the  power  to  appoint  a Street  Commissioner  or  Additional 
Commissioners,  a City  Assessor,  and  such  subordinate  officers  as  they  may  deem  fqon  to  charter 
proper,  to  hold  their  offices  during  the  pleasure  of  the  City  Council;  or  they  may 
provide  by  ordinance  for  their  election.  The  City  Clerk,  Marshal,  or  Treas- 
urer may  be  removed  by  the  City  Council  when,  in  their  opinion,  they  are  incom- 
petent, or  neglect  to  discharge  their  duties;  and  in  case  of  such  removal,  they 
may  appoint  a successor  until  the  next  annual  election.” — [Nee.  6 of  amended  char- 
ter of  Jan.  22,1855.] 

Under  this  the  city  may  either  appoint  or  provide  for  the  election  of  Street  Com- 
missioner and  Assessor  by  the  people.  The  Clerk,  Marshal,  and  Treasurer  are 
still  left  elective.  Other  officers  may  be  either  appointed  or  elected,  as  the  City 
Council  may  provide. 


CITY  CHARTER  AND  AMENDMENTS. 


Bond. 


Oath. 


38 

their  tenure  of  office  shall  he  one  year,  and  said  City 
Council,  before  the  election  or  appointment  of  any  offi- 
cer aforesaid,  shall  have  power  to  require  of  any,  or  all 
of  them,  bonds,  with  penalty  and  security,  for  the  faitli- 
fid  performance  of  their  respective  duties,  as  may  be 
deemed  expedient,  and  to  take  an  oatii  for  the  faithful 
performance  of  the  duties  required  of  them  in  their 
respective  offices,  before  entering  upon  the  discharge  of 
the  same  ; to  establish,  support  and  regulate  common 

General  powers  SCH00LS>  t0  APPROPRIATE  MONEY,  and  provide  for  tlie 

City  council,  payment  of  the  debts  and  expenses  of  the  city ; to 
borrow  money  on  the  credit  of  the  city,  to  be  used  for 
such  purposes  as  they  may  think  conducive  to  the  wel- 
fare thereof.  In  all  cases  where  the  City  Council  may 

See  decisions  as  borrow  money,  the v shall  provide  for  the  pavment  of 

to  the  specific  . * ''  . . * 

powers,  duties  the  interest  thereof,  by  setting  apart  a portion  ot  the 

and  liabilities  of  . x # t x 

cities,  at  the  end  ordinarv  revenue,  and  collecting*  it  for  that  purpose. 

of  the  charter.  * o ± i 

The  question  of  borrowing  money  shall  be  submitted 
and  approved  by  a majority  of  the  tax  payers  of  said 
city ; Provided , that  no  debt  shall  be  contracted,  that 
the  interest  per  annum,  in  any  one  year,  due  thereon, 
shall  exceed  one-half  the  revenue  derived  from  tax  on 
the  real  estate  and  personal  property  within  said  city. 
To  make  regulations  to  prevent  the  introduction  of  con- 
tagious diseases  into  the  city,  to  make  quarantine 

Art,  i,8ec.4.  laws  for  that  purpose,  and  enforce  the  same  within  five 
miles  of  the  city ; to  establish  hospitals,  and  make 
regulations  for  the  government  of  the  same  ; to  make 
regulations  to  secure  the  general  health  of  the  inhab- 
itants ; to  declare  what  shall  be  a nuisance,  and  to  pre- 
vent, remove  or  abate  the  same ; to  tax  dogs  or  prevent 
them  going  at  large  ; to  provide  the  city  with  water  ; 
to  erect  hydrants  and  pumps  in  the  streets  for  the  con- 
venience of  the  inhabitants  ; to  open,  alter,  abolish, 
widen,  extend,  establish,  grade,  pave,  or  otherwise 
improve  and  keep  in  repair,  streets,  avenues,  lanes 
and  alleys  ; to  establish,  erect  and  keep  in  repair 
bridges  ; to  divide  the  city  into  wards,  alter  the  boun- 
daries thereof,  and  erect  additional  wards  as  the  occa- 


CITY  CHARTER  AND  AMENDMENTS. 


39 

sion  may  require  ; to  provide  for  lighting  the  streets  General 
and  erecting  lamp-posts ; to  establish,  support  and of  Clty 
regulate  night  watches  ; to  erect  market  houses,  to 
establish  markets  and  market  places,  and  to  provide 
for  the  government  and  regulation  thereof ; to  provide 
for  the  erection  of  all  needful  buildings  for  the  use  of 
the  city ; to  provide  for  the  enclosing,  improving  and 
regulating  all  public  grounds  belonging  to  the  city ; 
to  improve  and  preserve  the  navigation  of  the  Missis- 
sippi River  within  the  limits  of  the  city  ; to  erect,  re- 
pair, and  regulate  public  wharves  and  docks;  to 
regulate  the  erection  and  repair  of  private  wharves, 

AND  THE  RATES  OF  WHARFAGE  THEREAT  ; tO  license,  tax, 

and  regulate  auctioneers,  transient  merchants,  re- 
tailers AND  GROCERS,  TAVERNS,  ORDINARIES,  HAWKERS, 
PEDLARS,  BROKERS,  PAWNBROKERS  AND  MONEY  CHANGERS  ; 

to  license,  tax  and  regulate  hackney  carriages, 
wagons,  carts  and  drays,  and  fix  the  rates  to  be 
charged  for  the  carriage  of  persons,  and  for  the  wagon- 
age,  cartage,  and  drayage  of  property ; to  license  and 
regulate  porters,  and  fix  the  rates  of  porterage  ; to 
license,  tax  and  regulate  theatrical  and  other  exhibi- 
tions, shows  and  amusements  ; to  tax  billiard  tables, 
restrain,  prohibit,  and  suppress  tippling  houses,  dram 
shops,  gaming  houses,  bawdy,  and  other  DISORDERLY 
houses  ; to  provide  for  the  prevention  and  extinguish- 
ment of  fires,  and  to  organize  and  establish  fire  com- 
panies ; to  regulate  or  prohibit  the  erection  of  wooden 
buildings  in  any  part  of  the  city  to  regulate  the  fixing 
of  chimneys  and  fix  the  flues  thereof ; to  regulate  the 
storage  of  gunpowder,  tar,  pitch,  rosin  and  other  com- 
bustible materials;  to  regulate  and  order  parapet 
walls  and  fences  ; to  establish  standard  weights  and 
measures,  and  to  regulate  the  weights  and  measures  to 
be  used  in  the  city,  in  all  cases  not  otherwise  provided 
tor  by  law.  To  provide  for  the  inspection  and  meas- 
urement of  lumber,  and  other  building  materials,  and 
for  the  measurement  of  all  kinds  of  mechanical  work  ; 
to  provide  for  the  inspection  and  weighing-of  hay  and 


CITY  CHARTER  AND  AMENDMENTS. 


40 


General  powers  ST0NE  COAL,  tlie  measuring  of  CHARCOAL,  FIRE  WOOD,  and 

of  city  Council.  0THER  FTJEL?  to  be  sold  or  used  in  tlie  city  ; to  provide 
for  and  regulate  tlie  inspection  of  tobacco,  beef,  pork, 
Hour,  meal  and  whisky  in  barrels  ; to  regulate  the 
weight,  quality,  and  price  of  bread  to  be  sold  and  used 
in  the  city  ; to  provide  for  taking  the  enumeration  of 
the  inhabitants  of  the  city  ; to  regulate  the  election 
of  city  officers,  and  to  provide  for  the  removing  from 
office  any  person  holding  an  office  created  by  ordinance ; 
to  tix  the  compensation  of  all  city  officers,  and  regu- 
late the  fees  of  jurors,  witnesses  and  others,  for  ser- 
vices rendered  under  this  act  or  ordinance  ; to  prohibit 
the  discharging  of  fire-arms,  and  the  racing  and  im- 
moderate running  or  driving  of  horses,  drays,  carts, 
carriages,  wagons  or  other  vehicles  in  said  city  ; to 
regulate  the  police  of  the  city  ; to  impose  fines,  for- 
feitures, and  penalties  for  the  breach  of  any  ordin- 
ance, and  provide  for  the  recovery  and  appropriation  of 
such  hnes  and  forfeitures,  and  the  enforcement  of  such 
penalties,  and  the  licensing  and  regulating  retailers  of 
^ spirituous  and  vinous  liquors  in  said  citv. 

The  City  Council  shall  have  power  to  make  all  ordi- 
nances which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  the  powers  specified  in  this  act,  so 
that  such  ordinances  be  not  repugnant  to  or  inconsist- 
ent with  the  Constitution  of  the  United  States  and  of 
the  State  of  Iowa. 

style.  The  style  of  the  ordinances  of  the  city  shall  be — 

u Be  it  enacted  by  the  City  Council  of  the  City  of  Dav- 


enport” 

All  ordinances  passed  by  the  City  Council  shall,  within 
Publication  of  one  month  after  they  shall  have  been  passed,  be  pub- 

Ordinances.  . 1 i t i i • • t • , 

lished  m some  newspaper  published  m said  city,  or  a 
certified  copy  thereof,  signed  by  the  Clerk,  posted  up  at 
one  or  more  public  places  in  each  ward  of  said  city,  and 
shall  not  take  effect  until  ten  days  after  publication  or 
Record  and  posting  up,  as  above  provided  for.  All  ordinances,  by- 
authentication.  jawg^  ruteSj  an(j  regulations  shall  be  RECORDED  by  the 

Clerk  of  the  city  in  a book  to  be  kept  for  that  purpose, 


CITY  CHARTER  AND  AMENDMENTS 


41 


with  a certificate  to  each  that  the  same  has  been  pub- 
lished in  some  newspaper  published  in  said  city,  or  a 
copy  thereof  posted  in  each  ward  thereof,  and  that  the 
same  is  a correct  copy  of  the  original  as  passed  by  the 
City  Council ; and  the  said  book,  or  a copy  of  any  by- 
law, ordinance,  rule,  or  regulation,  with  the  certificate 
of  the  Clerk  of  the  publication  aforesaid,  certified  by 
the  said  Clerk  to  be  a true  copy  of  such  by-law,  ordi- 
nance, rule,  or  regulation,  shall  be  sufficient  authenti- 
cation to  allow  the  same  to  be  read  or  received  in  evi- 
dence^  in  all  actions  and  suits  in  any  court  in  this  State, 
or  when  said  by-laws,  ordinance,  rules,  and  regulations  Printed  volume 
shall  be  published  in  book  or  pamphlet  form,  and  pur- 
porting to  be  printed  and  published  by  authority  of  the 
corporation,  the  same  shall  be  received  in  evidence  in 
all  courts  and  places  without  further  proof. 


[In  relation  to  the  debt  of  the  city  and  the  power  to 
borrow  money,  the  amended  charter  of  January  22, 
1855,  contains  the  following  provision — Sec.  7,  amended 
city  charter  of  January  22,  1855] : 


Sec.  7.  The  debts  heretofore  created,  and  bonds 
issued  by  the  city  of  Davenport,  amounting  to  the  sum  Railroad  debt, 
of  one  hundred  and  twenty-five  thousand  dollars,  are 
hereby  declared  legal  and  binding  upon  the  said  city, 
and  the  City  Council  shall  have  the  right  to  borrow 
money  and  issue  bonds,  which  shall  be  binding  upon  the 
city  ; Provided , that  no  debt  shall  be  created,  the  yearly  powei-  to  bor- 
interestupon  which,  together  with  the  yearly  interest row  money- 
upon  any  debt  before  created,  shall  exceed  three-fourths 
ot  the  ordinary  yearly  revenue,  unless  the  contracting 
of  said  debt  shall  be  approved  by  a majority  of  the 
voters  of  said  city,  who  may  vote  upon  question  to  he 
submitted  by  the  City  Council,  in  such  manner  as  said 
City  Council  may  direct.  (See  note  on  page  42.) 

Sec.  8.  Whenever  their  is  a deficiency  in  the  ordi- 
nary revenue  of  the  city,  after  the  payment  of  the  ordi-  for 

nary  city  expenses,  to  pay  the  semi-annual  interest  on 
the  debt  already  created,  the  City  Council  shall  levy  a 


CITY  CHARTER  AND  AMENDMENTS. 


42 

specific  tax  upon  the  assessment  roll  of  the  current  year, 
to  pay  said  interest.”* 

[The  original  charter  (Art.  5 Sec.  2;  gives  to  the  City 
Council  unrestricted  power  to  “ abolish ” streets,  alleys, 
&c.  By  the  amendatory  act  (Sec.  23)  of  January  23, 
1857,  it  is  provided]  : 

Sec.  23.  Nothing  herein  contained,  or  in  the  acts  to 
which  this  is  amendatory,  shall  authorize  the  City 
Council  to  discontinue  or  contract  any  street,  lane, 
alley,  or  highway,  or  any  part  thereof,  without  the  con- 
sent in  writing  of  all  persons  owning  land  adjoining 
said  street,  lane,  alley,  or  highway. f 

ARTICLE  YI. 

OE  THE  MAYOR. 

Mayor  presides.  Section  1.  The  Mayor  shall  preside  at  all  meetings 
of  the  City  Council,  and  shall  have  a casting  vote,  and 
no  other.  In  case  of  the  non-attendance  of  the  Mayor 
at  any  meeting,  the  Board  of  Aldermen  shall  appoint 
Pro  tem.  Mayor,  one  of  their  own  members  chairman,  who  shall  preside 
at  the  meeting. 

Sec.  2.  The  Mayor,  or  any  two  Aldermen,  may  call 
speciai  meet-  special  meetings  of  the  City  Council,  by  notifying 


* Under  the  original  charter,  even  with  a vote  of  the  tax-payers,  no  debt  could 
be  contracted,  the  yearly  interest  of  which  should  exceed  one-half  of  the  yearly 
revenue  of  the  city.  This  was  a salutary  and  wise  restraint.  By  the  amendment 
of  1855,  (Sec.  7 above),  if  this  shall  be  construed,  as  was  perhaps  intended,  to  apply 
to  other  than  the  railroad  debt  therein  specified,  and  to  enlarge  the  power  of  the 
city  to  borrow  money  and  create  debts,  there  is  no  limit  to  the  amount  of  money 
the  city  may  borrow,  if  approved  by  a majority,  not  of  the  tax-payers,  but  of  the 
voters  who  shall  vote  upon  the  question. 

t Under  this,  the  power  of  the  Council  to  vacate  streets,  &c.,  is  made  to  depend 
upon  the  written  consent  of  all  persons  owning  land  adjoining  the  same. 

In  1862,  (see  laws  of  Iowa,  1862,  p.  79,  ch.  78,)  the  Legislature  of  the  State 
passed  an  act  authorizing  town  plats,  additions  to  town  plats,  and  sub-divisions  of 
town  lots,  to  be  vacated  by  the  owner  at  any  time  before  the  sale  of  any  lot  or  lots, 
executing,  acknowledging,  and  recording  a writing  to  that  effect;  and  if  any  part 
of  the  lots  have  been  sold,  all  of  the  owners  may,  by  joining,  thus  vacate  the  same. 
The  corporate  authorities  are  not  required  to  be  consulted.  The  property  is  made 
liable  after  the  vacation  for  corporate  taxes  legally  levied  before  the  vacation  and 
for  its  proportion  of  pre-existing  corporate  debts.  How  far  this  act  will  be  taken 
to  apply  to  cities  with  special  charters,  as  well  as  its  meaning,  are  questions  which 
must  be  settled  by  the  eourts. 


CITY  CHARTER  AND  AMENDMENTS. 

eacli  Alderman,  Mayor,  and  Clerk  of  said  city,  of  the 
time  and  place  of  meeting,  and  the  business  to  be  trans- 
acted at  such  meeting ; and  no  other  business  than  that 
designated  in  said  notice  shall  be  transacted. 

Sec.  3.  The  Mayor  shall  at  all  times  be  active  and  Mayor’s  duties, 
vigilant  in  enforcing  the  laws  and  ordinances  for  the 
government  of  the  city ; he  shall  inspect  the  conduct 
of  all  subordinate  officees  of  said  city,  and  cause 
negligence  and  positive  violation  of  duty  to  be  prose- 
cuted and  punished  ; he  shall,  from  time  to  time,  com- 
municate to  the  Aldermen  such  information,  and 
recommend  all  such  measures  as  in  his  opinion,  may 
tend  to  the  improvement  of  the  finances,  the  police,  the 
health,  security,  comfort,  and  ornament  of  the  city. 

Sec.  4.  He  shall,  by  virtue  of  his  office,  be  a Justice  pOWers-ex-of- 
of  the  Peace  for  said  city,  and  as  such  shall  be  a con-  fhe°Peaco.ce  °f 
servator  of  the  peace  in  the  said  city,  and  shall  have 
power  and  authority  to  administer  oaths,  issue  writs 
and  processes  under  the  seal  of  the  city,  to  take  deposi- 
tions, the  acknowledgments  of  deeds,  mortgages,  and 
all  other  instruments  of  writing,  and  certify  the  same 
under  the  seal  of  the  city,  which  shall  be  good  and 
valid  in  law  ; he  shall  have  exclusive  jurisdiction  in  jurisdiction, 
all  cases  arising  under  the  ordinances  of  the  corpora- 
tion, and  concurrent  jurisdiction  with  all  other  Jus- 
tices of  the  Peace  in  all  civil  and  criminal  cases  within 
the  county  of  Scott,  arising  under  the  laws  of  the  State ; 
and  shall  receive  the  same  fees  and  compensation  for 
his  services  in  similar  cases.  He  shall  also  have  such  Mayor's  powers 
jurisdiction  as  may  be  vested  in  him  by  ordinance  0fanddutles- 
the  city,  in  and  over  all  places  within  five  miles  of  the 
boundaries  of  the  city,  for  the  purpose  of  enforcing  the 
health,  quarantine  ordinances,  and  regulations  thereof, 
and  the  protection  of  cemeteries  or  grave  yards,  and 
enclosures. 

Sec.  5.  He  shall,  before  entering  upon  the  discharge 
of  the  duties  of  his  office,  give  bond  and  security  to  be  Bond, 
approved  of,  and  filed  with  the  Clerk  of  said  city,  in 
the  same  penalty,  and  with  like  conditions,  as  are  re- 


CITY  CHARTER  AND  AMENDMENTS. 


Compensation. 


Punishment 
and  removal . 


Process,  writs, 

&c. 


Towers  and  du- 
ties of  Marshal. 


44 

quired  of  Justices  of  tlie  Peace  now  by  law,  and  the 
same  may  he  prosecuted  for  any  breach,  in  the  same 
manner  and  with  the  like  effect,  as  is  required  by  law 
for  similar  cases  under  the  laws  of  Iowa  ; he  shall  re- 
ceive for  his  services,  as  Mayor  of  said  city,  such 
salary  as  shall  be  fixed  by  an  ordinance  of  the  city. 

Sec.  6.  In  case  the  Mayor  shall,  at  any  time,  be 
guilty  of  a palpable  omission  of  duty,  or  shall  wilfully 
and  corruptly  be  guilty  of  oppression,  mal-conduct,  or 
partiality,  in  the  discharge  of  the  duties  of  his  office, 
he  shall  be  liable  to  be  indicted  in  the  District  Court 
of  Scott  county,  and  on  conviction  he  shall  be  fined  in 
a sum  not  exceeding  two  hundred  dollars,  tor  the  use 
of  said  city,  and  the  court  shall  have  power,  on  the 
recommendation  of  the  jury  trying  said  indictment,  to 
add  to  the  judgment  of  the  court  that  he  be  removed 
from  office. 

Sec.  7.  All  processes,  or  writs,  issued  by  the  Mayor, 
may  be  either  a warrant  for  the  arrest  of  the  person 
of  the  offender,  or  writs  in  the  usual  form,  directed 
to  the  Marshal  of  said  city,  who  shall  serve  and  return 
the  same  as  commanded  in  said  warrant  or  writs,  and 
in  case  of  a warrant  to  bring  the  offender  forthwith 
before  said  Mayor,  the  Marshal  of  said  city  shall  have 
the  same  authority,  and  do  and  perform  the  same 
duties,  and  shall  be  subject  to  the  same  liabilities  in 
the  service  and  return  of  all  such  writs  or  process 
issued  by,  and  in  attending  the  trial  before  such  Mayor, 
for  recovery  of  fines  and  penalties,  for  the  breach  or 
violation  of  any  of  the  by-laws,  ordinances,  rules  or 
regulations  of  said  corporation,  that  constables  have  in 
their  respective  counties. 


ARTICLE  VII. 

proceedings  in  special  cases. 

[Article  VII  in  the  original  charter,  entitled  “ Pro- 
ceedings in  special  cases”  was  repealed  by  Section  27 of 


CITY  CHARTER  AND  AMENDMENTS.  ^ 

the  amended  city  charter,  approved  January  23,  185 T, 
which  repealing  act  is  as  follows  : 

“ Sec.  27.  That  the  whole  of  article  seven  of  said 
act  to  incorporate  the  city  of  Davenport,  and  all  other 
acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act,  be  and  the  same  are  hereby  repealed.” 

Article  YII  of  the  original  charter  (being  thus  re- 
pealed), is  therefore  omitted,  and  the  provisions  of  the 
amended  charter  (of  January  23,  1857),  being  those 
now  in  force,  are  printed  in  their  place ; these  provis- 
ions being  as  follows]  : 

Sec.  6.  The  City  Council  shall  have  power  to  lay  out 
lniblic  squares  or  grounds,  streets,  alleys,  lanes,  or  high-  streets, 

1 x ...  ~i  -1  wharves,  &c. 

ways,  and  to  make  wharves  m the  river,  and  alter, 
widen,  contract,  straighten,  and  discontinue  the  same. 

They  shall  cause  all  streets,  alleys,  lanes,  highways,  or 
public  squares,  or  grounds  laid  out  by  them,  to  be  sur- 
veyed, described,  and  recorded  in  a book  to  be  kept  by 
the  Clerk,  showing  particularly  the  proposed  improve- 
ments, and  the  real  estate  required  to  be  taken  therefor, 
and  the  same,  when  opened  and  made,  shall  be  public 
highways. 

Sec.  7.  Whenever  any  street,  alley,  lane,  highway,  Taking  private 
or  public  square  or  ground,  is  laid  out,  altered,  widened,  Eig  streets, °&c? 
or  straightened,,  by  virtue  hereof,  the  City  Council  shall 
give  notice  of  their  intention  to  appropriate  and  take 
the  land  necessary  for  the  same,  to  the  owner  or  owners 
thereof,  by  publishing  said  notice  for  ten  days  in  some 
newspaper  published  in  said  city ; at  the  expiration  of 
which  time,  they  shall  choose  by  ballot  three  disinter- 
ested freeholders  residing  in  said  city,  as  commissioners 
to  ascertain  and  assess  the  damages,  and  recompense 
the  owners  of  such  lands  respectively,  and  at  the  same 
time  determine  what  persons  will  be  benefitted,  and 
assess  the  damages  and  expenses  thereof  on  the  real 
estate  of  persons  benefitted,  in  proportion  as  nearly  as 
may  be  the  benefits  resulting  to  each.  A majority  of 
all  the  Aldermen  authorized  by  law  to  be  elected  shall 
be  necessary  to  the  choice  of  such  commissioners  ; Pro - 


CITY  CHARTER  AND  AMENDMENT; 


46 

vided , that  the  provisions  of  this  section  shall  not  apply 
in  any  case  where  such  street  or  alley  lias  already  been 
ordered  to  be  opened,  and  the  damages  are  not  yet  paid. 
Damages  for  Sec.  8.  -In  any  case  where  a grade  has  been  estab- 
ciiangmg  grade.  }jgjiecj  py  ppe  Qp-y  Engineer,  and  any  person  lias  built 

or  made  any  improvements  on  a street  according  to  said 
grade,  and  the  city  authorities  shall  alter  said  grade  in 
such  a manner  as  to  injure  or  diminish  the  value  of 
said  property,  said  city  shall  pay  to  the  owner  or  own- 
ers of  said  property  so  injured,  the  amount  of  such 
damage  or  injury.* 

same.  Sec.  9.  Said  damage  or  injury  shall  be  assessed  by 

three  persons — one  of  whom  shall  be  appointed  by  the 
Mayor  of  said  city,  one  by  the  owner  of  the  property, 
and  one  by  these  two  so  appointed,  or  in  case  of  their 
disagreement  by  the  Mayor  and  owner,  or  in  case  of 
their  disagreement,  by  the  City  Council : Provided , 
that  if  the  owner  of  such  property  shall  fail  to  appoint 
one  such  appraiser  in  ten  days  from  the  time  of  receiv- 
ing notice  so  to  do,  then  the  City  Council  shall  appoint 
all  said  appraisers,  and  no  such  alteration  of  grade  shall 
be  made  until  said  damages  so  assesed  shall  have  been 
paid  or  tendered  to  the  owner  or  owners  of  the  property 
proceedings  of  so  injured  or  damaged. 

commissioners.  gEC<  iq  rppg  commissioners  sliall  be  sworn  faith- 
fully to  execute  their  duties  according  to  the  best  of 


* Without  an  express  provision  to  that  effect,  a city  is  not  liable  to  a property 
owner  for  damages  which  result  to  him  in  consequence  of  the  establishment  or  in 
consequence  of  the  change  of  grades  of  streets.  This  is  so  decided  in  all  of  the 
States  (Ohio  perhaps  excepted),  and  by  our  own  Supreme  Court. 

Crealv.  Keoktck,  4 G.  Greene’s  Rep.,  47;  Coates  v.  City  of  Davenport,  9 Iowa 
Rep.,  227;  Cole  v.  Muscatine , 14  id.  296;  Freeland  v.  Muscatine , 9 id.  461;  Temp- 
l in  v.  Iowa  City , 14  id.  60. 

But  this  rule  is  so  far  modified  by  Section  S above  that  the  property  owner  may 
hold  the  city  liable  for  damages  when,  1st,  a prior  grade  has  been  established  ; 2d, 
when  improvements  have  been  made  according  to  said  grade;  3d,  when  the  city 
authorities  afterwards  alter  such  grade  to  the  injury  of  the  property.  This  is  a very 
just  modification  of  the  common  law  rule,  and  should  induce  the  city  authori- 
ties to  exercise  great  caution  in  the  original  establishment  of  grades. 

Section  8 above  was  construed  dy  the  Supreme  Court  in  Dalzell  v.  City  of  Dav 
enport , 12  Iowa  Rep.,  437,  where  it  was  held  that  the  damages  were  to  be  ascer- 
tained with  reference  to  the  land  and  improvements  together,  and  not  the  improve- 
ments alone.  See  also  Freeland  v.  Muscatine  9,  Iowa,  461 ; Coates  v.  Davenport , 
id.  227. 


CITY  CHARTER  AND  AMENDMENTS. 


47 

their  ability.  Before  entering  nponTtheir  duties  they 
shall  give  notice  to  the  persons  interested  of  the  time 
and  place  of  their  meeting  for  the  purpose  of  viewing 
the  premises  and  making  their  assessment,  at  least  ten 
days  before  the  time  of  such  meeting,  by  publishing 
the  same  in  some  newspaper  published  in  said  city. 
They  shall  view  the  premises,  and  in  their  discretion 
receive  any  legal  evidence,  and  may  adjourn  from  day 
to  day.  Same- 

Sec.  11.  If  there  should  be  any  building  standing, 
in  whole  or  in  part,  upon  the  land  to  be  taken,  the  com- 
missioners, before  proceeding  to  make  their  assessment, 
shall  first  estimate  and  determine  the  whole  value  of 
such  building  to  the  owner,  aside  from  the  value  of  the 
land  and  the  injury  done  him  in  having  such  building 
taken  from  him ; and  secondly,  the  value  of  such  build- 
ing to  him  to  remove.  same 

Sec.  12.  At  least  five  days  personal  notice  shall  be 
given  to  the  owner  of  such  determination,  when  known, 
and  a resident  of  the  city,  or  left  at  his  usual  place  of 
residence.  If  not  known,  or  a non-resident,  notice  to 
all  persons  interested  shall  be  given  by  publication  for 
ten  days  in  some  newspaper  of  said  city.  Such  notice 
shall  be  signed  by  the  commissioners,  and  specify  the 
building  and  the  award  of  the  commissioners.  It  shall 
also  require  parties  interested  to  appear  on  a day  therein 
named,  or  give  notice  of  their  election  to  the  City 
Council,  either  to  accept  the  award  of  the  commission- 
ers, and  allow  such  building  to  be  taken  with  the  land 
condemned  or  appropriated,  or  of  their  intention  to 
remove  such  building  at  the  value  set  thereon  by  the 
commissioners  to  remove.  If  the  owner  shall  agree  to 
remove  the  building,  he  shall  have  such  time  for  the 
removal  as  the  City  Council  may  allow.  same. 

Sec.  13.  If  the  owner  refuse  to  take  the  building  at 
the  value  to  remove,  or  fail  to  give  notice  of  his  election 
as  aforesaid,  within  the  time  prescribed,  the  City  Coun- 
cil shall  have  power  to  direct  the  sale  of  such  building 
at  public  auction  for  cash,  giving  ten  days  public  notice 


CITY  CHARTER  AND  AMENDMENTS. 


Same. 


48 

of  the  sale.  The  proceeds  of  the  sale  shall  he  paid  to 
the  owner,  or  deposited  to  his  use. 

Sec.  14.  The  commissioners  shall  thereupon  proceed 
to  make  the  assessment,  and  determine  and  appraise  to 
the  owner  or  owners  the  value  of  the  real  estate  appro- 
priated for  the  improvement,  and  the  injury  arising  to 
them  respectively  from  the  condemnation  thereof,  which 
shall  be  assessed  to  such  owners  respectively  as  dam- 
ages, after  making  all  due  allowances  therefrom  for  any 
benefit  which  said  owners  may  respectively  derive  from 
such  improvement.  In  the  estimate  of  damage  to  the 
land,  the  commissioners  shall  include  the  value  of  the 
building  (if  the  property  of  the  owner  of  such  land),  as 
estimated  by  them  as  aforesaid,  less  the  proceeds  of  the 
sale  thereof,  or  if  taken  by  the  owner,  at  the  value  to 
remove ; in  that  case  they  shall  only  include  the  differ- 
ence between  such  value  and  the  whole  estimated  value 
of  such  building. 

Sec.  15.  If  the  land  and  buildings  belong  to  differ- 
ent persons,  or  if  the  land  be  subject  to  lease  or  mort- 
gage, the  injury  done  to  such  persons  respectively  may 
be  awarded  to  them  by  the  commissioners,  less  the 
benefits  resulting  to  them  respectively  from  the  im- 
provement. 

Sec.  16.  Having  ascertained  the  damages  and  ex- 
penses  of  such  improvement  as  aforesaid,  the  commis- 
sioners shall  thereupon  apportion  and  assess  the  same, 
together  with  the  costs  of  the  proceedings,  upon  the 
real  estate  by  them  deemed  benefitted,  in  proportion  to 
the  benefits  resulting  thereto  from  the  improvements, 
as  nearly  as  may  be,  and  shall  describe  the  real  estate 
upon  which  their  assessment  may  be  made.  When 
completed,  the  commissioners  shall  sign  and  return  the 
same  to  the  City  Council  within  forty  days  of  their 
appointment. 

Sec.  17.  The  Clerk  shall  give  ten  days’  notice  in 
some  newspaper  of  said  city  that  such  assessment  has 
been  returned,  and  on  a day  to  be  specified  therein,  will 
be  confirmed  by  the  City  Council,  unless  objections  to 


CITY  CHARTER  AND  AMENDMENTS.  qt) 

the  same  are  made  by  some  person  interested.  Objec- 
tions may  be  heard  before  the  City  Council,  and  the 
hearing  may  be  adjourned  from  day  to  day.  The 
Council  shall  have  power,  in  their  discretion,  to  confirm 
or  annul  the  assessment,  or  refer  the  same  back  to  the 
commissioners.  If  annulled,  all  the  proceedings  shall 
be  void.  If  confirmed,  an  order  of  confirmation  shall 
be  entered,  directing  a warrant  to  issue  for  the  collec- 
tion thereof,  in  accordance  with  the  provisions  of  any 
ordinance  then  in  force,  regulating  the  collection  of 
such  assessments.  If  referred  back  to  the  same,  or 
other  commissioners,  they  shall  proceed  to  make  their 
assessments,  and  return  the  same  in  like  manner,  and 
give  like  notices  as  herein  required  in  relation  to  the 
first,  and  all  parties  in  interest  shall  have  the  like 
notices  and  rights,  and  the  said  City  Council  shall  per- 
form like  duties,  and  have  like  powers  in  relation  to 
any  subsequent  determination  as  are  herein  given  in 
relation  to  the  first. 

Sec.  18.  The  City  Council  shall  have  power  to  re-Rem0Vai0f 
move  commissioners,  and  from  time  to  time  appoint Comm1981oners- 
others  in  the  place  of  such  as  may  be  removed,  refuse, 
neglect,  or  be  unable  from  any  cause  to  serve. 

Sec.  19.  The  land  required  to  be  taken  for  the 
making,  opening  or  widening  any  street,  alley,  lane,  or 
other  highway,  shall  not  be  appropriated  until  the 
damages  awarded  therefor  to  any  owner  thereof,  under 
this  act,  shall  be  paid  or  tendered  to  such  owner  or  his 
agent,  or  in  case  the  said  owner  or  his  agent  cannot  be  I)ai'y-y 
found  in  said  city,  deposited  to  his  or  their  credit  in 
some  safe  place  of  deposit,  other  than  the  hands  of  the 
Treasurer,  and  then,  not  before,  such  lands  may  be 
taken  and  appropriated,  for  the  purpose  required  in 
making  such  improvement,  and  such  streets,  alleys, 
lanes,  highways  and  squares,  may  be  made  and  opened. 

Sec.  20.  When  the  whole  of  any  lot,  or  parcel  of  Leased  prop- 
lands,  or  other  premises  under  lease  or  other  contract, <rt''  &°’ 
shall  be  taken  for  any  of  the  purposes  aforesaid,  by 
virtue  of  this  act,  all  of  the  covenants,  contracts  and 


CITY  CHARTER  AND  AMENDMENTS. 


Appeal. 


Infant  owner. 


50 

engagements  between  landlord  and  tenants,  or  any 
other  contracting  parties  touching  the  same  or  any  part 
thereof,  shall,  upon  confirmation  of  such  report,  respec- 
tively cease  and  be  absolutely  discharged.  When  part 
only  of  any  lot  or  parcel  of  land,  or  other  premises  un- 
der lease,  or  other  contract  shall  be  taken  for  any  of 
the  purposes  aforesaid,  all  the  covenants,  contracts, 
agreements  and  engagements  respecting  the  same,  upon 
confirmation  of  such  report,  shall  be  absolutely  dis- 
charged as  to  the  part  thereof  so  taken,  but  shall  re- 
main valid  as  to  the  residue  thereof,  and  the  rents,  con- 
siderations and  payments  reserved,  payable  and  to  be 
paid  for,  or  in  respect  to  the  same,  shall  be  so  propor- 
tioned as  that  the  part  thereof  justly  and  equitably 
payable  for  such  residue  thereof,  and  no  more,  shall  be 
paid  or  recoverable  for,  in  any  respect  of  the  same. 

Sec.  21.  Any  person  interested  may  appeal  from 
any  final  order  of  the  City  Council  for  opening  or 
widening  any  street,  alley,  lane,  public  ground,  or 
highway,  to  the  District  Court  of  Scott  county,  by 
notice  in  writing  to  the  Mayor  or  Clerk,  at  any  time 
before  the  expiration  of  twenty  days  after  the  passage 
of  such  final  order.  In  case  of  appeal,  the  City  Coun- 
cil shall  make  return  within  thirty  days  after  notice 
thereof,  and  the  court  shall,  at  the  next  term  after  re- 
turn filed  in  the  office  of  the  clerk  thereof,  hear  and 
determine  such  appeal,  and  confirm  or  annul  the  pro- 
ceedings. Upon  trial  of  the  appeal,  all  questions 
involved  in  the  proccdings,  including  the  amount  of 
damages,  shall  be  open  to  investigation  by  deposition 
or  oral  testimony,  and  the  burden  of  proof  shall  in  all 
cases  be  upon  the  city,  to  show  that  the  proceedings  are 
in  conformity  with  this  act. 

Sec.  22.  In  any  cases  when  any  known  owner,  re- 
siding in  said  city,  or  elsewhere,  shall  be  an  infant,  and 
any  proceeding  shall  be  had  under  this  act,  the  District- 
Court,  or  the  Judge  thereof,  or  the  County  Judge  of 
Scott  county,  may,  upon  the  application  of  the  City 
Council,  or  such  infant,  or  his  next  friend,  appoint  a 


CITY  CHARTER  AND  AMENDMENTS. 


51 

guardian  for  sucli  infant,  taking  security  from  such 

O 7 O c/ 

guardian  for  the  faithful  execution  of  such  trust ; and 
all  notices  and  summons  required  by  this  act  shall  be 
served  on  such  guardian. 

Sec.  23.  Nothing  herein  contained,  or  in  the  acts  to 
which  this  is  amendatory,  shall  authorize  the  City 
Council  to  discontinue  or  contract  any  street,  lane, 
alley  or  highway,  or  any  part  thereof,  without  the  con- 
sent in  writing  of  all  persons  owning  land  adjoining 
said  street,  lane,  alley,  or  highway. 

Sec.  2d.  In  all  cases  where  there  is  no  agreement 
to  the  contrary,  the  owner  or  landlord,  and  not  the 
occupant  or  tenant,  shall  he  deemed  the  person  who 
ought  to  pay  and  bear  the  assessment  made  for  the  expense 
of  any  public  improvement.  Where  any  such  assessment 
shall  be  made  upon,  or  paid  by  any  person,  when,  by 
agreement,  or  by  law,  the  same  ought  to  be  borne  or 
paid  by  any  other  person,  it  shall  be  lawful  for  one  so 
paying  to  sue  for,  and  recover  of  the  person  bound  .to 
pay  the  same,  the  amount  so  paid  with  interest.  Noth- 
ing herein  contained  shall  impair,  or  in  any  way  affect 
any  agreement  between  any  landlord  and  tenant,  or 
other  persons,  respecting  the  payment  of  such  assess- 
ments. 

ARTICLE  YIII. 

MISCELLANEOUS  provisions.-roads  and  road  taxes. 

Section  1.  The  inhabitants  of  the  city  of  Daven- 
port are  hereby  exempt  from  working  on  any  road  be- 
yond the  limits  of  the  city,  and  from  paying  any  tax  to 
procure  laborers  to  work  upon  the  same,  and  said  city  i s 
hereby  constituted  a road  district,  with  the  powers  con- 
ferred on  any  one  or  more  Street  Commissioners  as  the 
City  Council  may  appoint  or  provide  for  the  election  of, 
as  are  now  conferred  under  the  laws  of  the  State  of  Iowa 
upon  supervisors  of  roads  and  highways,  and  the  said  City 
Council  shall  have  the  same  authority  to  provide  for  work 
in  the  corporate  limits  of  said  city,  on  the  streets,  lanes, 
alleys,  and  public  grounds,  wharves,  landings,  avenues 
and  highways  as  are  now  by  law  or  hereafter  may  be 


Infants — 
Guardians  for. 


Discontinuing 
streets,  &c. 
(See  ante  p.  42 
and  note). 


WTio  to  pay 
assessmen*. 


City  one  road 
district. 


Power  of  Street 
Commissioner 
and  Council 
over  streets,  &e 


X;)  CITY  CHARTER  AND  AMENDMENTS. 

%)  h 

conferred  on  the  several  boards  of  county  -commissioners, 
• or  such  other  tribunal  as  the  State  may  provide  and 
clothe  with  such  authority,  and  they  shall  provide  for 
the  collection  and  appropriation  of  such  work  by  ordi- 
nance/ 

Sec.  2.  The  City  Council  shall  have  power  for  the 
purpose  of  keeping  the  streets,  lanes,  avenues  and  alleys 
in  repair,  to  require  every  male  inhabitant  in  said  city, 
Work  °n  oyer  twentv-one  Years  of  ane,  to  labor  on  said  streets, 
lanes,  avenues,  and  alleys,  not  exceeding  three  days  in 
each  and  every  year,  and  any  person  failing  to  perform 
such  labor  when  duly  notified  by  the  Street  Commis- 
sioner shall  forfeit  and  pay  the  sum  of  one  dollar  per 
day  for  each  day  so  neglected  or  refused. 

[The  above  two  sections  are  in  the  original  charter.] 

Sec.  4.  Said  city  of  Davenport  is  hereby  constituted 
Road  district,  one  road  district,  to  be  under  the  control  and  super- 
intendence of  one  or  more  Street  Commissioners,  to  be 
appointed  by  the  City  Council,  who  shall  hold  their 
office  during  the  pleasure  of  the  City  Council,  and  not 
less  than  one-half  of  all  taxes  levied  by  the  city 
Taxes  ia  annexe  authorities,  and  the  road  tax  levied  by  the  county 

ed  district.  1 , . , it 

authorities  tor  road  purposes  against  the  several  dis- 
tricts which  are  annexed  to  the  city  of  Davenport  by 
this  act,  or  that  may  hereafter  be  annexed  by  extending 
the  limits  of  said  city,  shall  be  expended  on  the  streets 
and  roads  of  said  annexed  districts. 

[The  above  section  is  from  the  amended  charter  of 
January  22,  1855.  The  balance  of  section  4 and  all  of 
section  5 of  this  amendment,  are  not  printed,  being  re- 
pealed by  the  amended  charter  of  January  23,  1857.] 

PUNISHMENT  OF  OFFENDERS. 


Section  3.  The  City  Council  shall  have  power  to 

Imprisonment  . ' _ , . 

of  offenders,  provide  lor  the  punishment  ot  onenders  by  imprison- 
ment in  the  county  jail  or  work-house,  or  city  prison,  in 
all  cases  where  such  offenders  shall  fail  or  refuse  to  pay 
the  fines  and  forfeitures  which  may  be  recovered  against 
lie,  she  or  them. 


CITY  CHARTER  AND  AMENDMENTS.  ^3 

[The  above  is  sec.  3,  art.  8 of  original  charter.  See, 
also,  art.  5,  sec.  2,  latter  part.] 

FINANCIAL  STATEMENT-ROAD  TAX . 

Sec.  1.  The  Citv  Council  shall  cause;  to  be  pub- statement  of 

• J receipts  and 

LISHED  OR  POSTED  Up  ill  eacll  Ward  of  said  city  annually,  expenditures. 

twenty  days  before  each  annual  election  for  Mayor,  a 

full  and  complete  statement  of  all  moneys  received 

and  expended  by  the  corporation  during  the  preceding 

year,  and  on  what  account  received  and  expended, 

showing  the  entire  indebtedness  of  said  city,  and  also 

the  amount  of  road  work,  from  whom  received,  money 

paid  instead  of  work,  the  disposition  of  said  work  and 

money. 

[The  above  is  sec.  4,  art.  8,  original  charter.] 

Sec.  4.  From  and  after  the  passage  of  this  act,  it  city  levies  its 

1 ~ _ ; own  road  taxes 

shall  not  be  lawful  for  the  ‘county  authorities  of  Scott 
county  to  levy  a road  tax  on  any  property,  or  a road 
poll  tax  on  residents  in  said  city  ; and  the  said  City  gee  p 51  gec 
Council  is  hereby  authorized  to  levy  and  collect  the  1>  52> Sec* 4 

road  tax,  if  not  more  than  three  mills  on  the  dollar, 
on  all  property  liaise  to  road  tax  within  said  city,  the 
collection  and  payment  thereof  into  the  city  treasury  to 
be  regulated*! >v  ordinance  of  said  City  Council. 

[The  above  section  is  from  the  amended  charter  of 
January  23, 1857,  and  is  the  last  charter  provision  on  the 
subject.  The  above,  on  pp.  51, 52  and  53,  are  all  of  the  pro- 
visions 7ioio  in  force  in  the  various  charters  of  the  city 
referring  to  road  districts  and  road  and  poll  taxes].* 


* The  substance  of  these  various  provisions  may  be  briefly  stated  thus  : 

1.  Davenport  is  constituted  one  road  district. 

2.  This  is  not  under  the  control  of  county  authorities . 

3.  It  is  under  the  control  and  superintendence  of  the  city  authorities. 

4.  City  may  levy  and  collect  property  road  tax  of  not  more  than  three  mills  on 
the  dollar. 

5.  City  may  also  require  every  adult  male  inhabitant  over  21  years  of  age  to 
labor  on  the  streets  not  exceeding  three  days  in  each  year. 

6.  The  county  authorities  can  levy  neither  of  these  taxes  within  the  city 
limits. 

7.  The  city  may  provide  for  their  collection  by  ordinance. 


54 


CITY  CHARTER  AND  AMENDMENTS. 


RECORDS,  PROSECUTIONS,  &C. 

[The  following  sections  are  from  Art.  VIII  ol  the 
origma  charter,  except  when  otherwise  stated.] 

Records.  Sec.  5.  The  City  Council  shall  provide  well  bound 

books  for  their  own  use,  and  for  the  use  of  the  officers 
under  their  City  Charter.  They  shall  cause  their  Clerk 
journal.  to  keep  a journal  of  the  proceedings  of  their  meetings, 
which  shall  he  signed  by  said  Clerk  and  the  presiding 
officer  of  each  meeting,  lie  shall  also  keep  a record  of 
Sales  of  prop-  the  returns  op  the  marshal,  in  which  lie  shall  record 
erty  for  taxes.  number  of  lot,  piece  of  ground,  or  description  of 
land  or  property  sold  by  him  for  taxes  due  on  assess- 
ment, the  amount  for  which  it  was  sold,  the  time  when 
sold,  the  purchaser’s  name,  and  the  time  of  redemption, 
when  redeemed,  for  what  amount,  and  the  person  to 
whom,  and  when  deeded.  And  said  marshal  shall  so 
make  his  return  of  the  tax  lists  of  each  year,  as  to 
enable  the  said  Clerk  to  state  the  above  facts  in  said 
delinquent  tax  book.  A book  to  record  the  acts  and 
Record  of  acts  reports  of  the  Street  Commissioners,  and  the  name, 

Street  Commis-  x 

sioner.  age,  and  residence  of  deceased  persons  buried  in  the 

city  cemetery,  and  when  such  persons  became  deceased, 
and  of  what  disease  such  person  died,  if  known ; also 
order  book.  an  order  book  stating  the  amount  allowed  each  person 
out  of  the  City  Treasury,  the  name  of  the  person  to 
whom  allowed,  when,  and  by  whom  drawn  ; they  shall 
also  provide  the  Mayor  and  his  successor  in  office  with  a 
Mayor’s  docket,  record  or  docket,  in  which  he  shall  record  all  the  pro- 
ceedings had  before  him  as  such  Mayor  for  the  violation 
of  ordinances,  his  judgments,  and  the  reports  required  to 
be  made  to  him  as  such  Mayor  and  Justice  of  the  Peace. 
All  of  the  books  above  provided  for  shall  be  open  to 
the  inspection  of  the  inhabitants  of  said  city  at  all 
reasonable  hours,  free  of  expense,  tax  or  fee. 

Actions.  Sec.  6.  All  suits,  actions  and  prosecutions  instituted, 

commenced  or  brought  by  the  corporation  hereby  cre- 
ated, shall  be  instituted,  commenced  and  prosecuted  in 
the  name  of  the  city  of  Davenport,  and  in  cases  of 


CITY  CHARTER  AND  AMENDMENTS. 


warrants  the  same  may  he  issued  for  violations  of  the  warrants, 
ordinances,  by-laws,  rules  and  regulations  of  said  city 
without  being  predicated  or  based  upon  affidavit. 

Sec.  7.  The  City  Council  shall  have  power  to  pro- 
vide by  ordinance  for  filling  of  temporary  vacancies  ™ng  vacan- 
in  any  subordinate  office,  where  the  same  shall  occur 
from  sickness,  absence  from  the  city,  or  inability  on  the 
part  of  any  officer,  or  sudden  death,  until  the  same  can 
be  tilled  as  is  provided  by  ordinance,  or  another  elected. 

Sec.  8.  The  Mayor  and  Aldermen  of  the  town  of 
Davenport  shall  cause  this  act  to  lie  published  in  each 
of  the  papers  of  said  town,  or  they  may  provide  for  the 
publication  and  distribution  of  one  hundred  copies 
among  the  inhabitants  of  said  town  ; and  ten  days  after 
the  publication  or  the  distribution  of  the  copies  herein 
provided  for,  for  an  election  for  or  against  the  adoption  Vote  for  ndop- 
of  this  charter  ; such  election  shall  be  holden  in  some  charter 
public  place  therein,  where  all  the  voters  may  attend 
during  the  day  between  the  hours  of  10  a.  m.  and  1 p. 
m.,  and  vote  by  ballot  “ for  new  charter”  or  “ against 
new  charter,”  and  if  “for  new  charter  ” shall  have  a 
majority  of  the  votes  cast  “for”  and  “against,”  this 
charter  shall  immediately  take  effect  as  a law ; but  if  a 
majority  of  the  votes  given  be  against  the  adoption  of 
this  charter,  then  this  act  to  be  of  no  effect. 

Sec.  9.  All  ordinances  and  resolutions  passed  bv  the  Town  ordj: 
Mayor  and  Aldermen  of  the  town  of  Davenport  shall ued- 
remain  in  force  until  the  same  shall  have  been  repealed 
by  the  City  Council  of  Davenport.  The  boundaries  of 
the  wards  of  the  city  shall  (until  otherwise  changed  by 
the  City  Council  of  the  city  of  Davenport)  be  the  same 
as  those  heretofore  of  the  town  of  Davenport ; all 
actions,  tines,  penalties,  and  forfeitures,  which  have 
accrued  to  the  Mayor  and  Aldermen  of  the  town  of 
Davenport,  shall  be  vested  in  and  prosecuted  by  the 
corporation  hereby  created.  All  property,  real,  per-  Property  ami 

, , . ..  - . 71  rights  of  town 

sonal  and  mixed,  lieretotore  belonging  to  the  Mayor  and  given  to  city* 
Aldermen  of  the  town  of  Davenport,  shall  be  and  the 
same  is  hereby  declared  to  be  vested  in  the  corporation 


CITY  CHARTER  AND  AMENDMENTS. 


Appeal  allowed. 


Ministerial  offi- 
cers may  act  in 
county. 


Deputy  Mar- 
shal. 


Public  act. 


56 

hereby  created.  This  charter  shall  not  invalidate  any 
act  done  by  the  Mayor  and  Aldermen  of  the  town  of 
Davenport,  nor  divest  them  of  any  right  which  may 
have  accrued  to  them  prior  to  the  passage  of  this  act ; 
but  the  same  shall  inure  to  and  be  enjoyed  by  the  cor- 
poration hereby  created. 

Sec.  10.  Appeals  shall  be  allowed  from  decisions 
in  all  cases  arising  under  the  provisions  of  this  act  or 
any  ordinance  passed  in  pursuance  thereof,  to  the  Dis- 
trict court  of  Scott  county.  Any  and  every  such  appeal 
shall  be  taken  and  granted  in  the  same  manner  and 
with  like  effect  as  appeals  are  taken  from  and  granted 
by  Justices  of  the  Peace  to  the  District  Court  under  the 
laws  of  this  State. 

[By  the  amendatory  act  of  January  23,  1857,  the 
following  further  provision  is  made  concerning  appeals: 
aThe  said  city  of  Davenport  shall  have  the  right  of  ap- 
peal to  the  District  Court  of  Scott  county,  from  decis- 
ions in  all  cases  arising  under  the  provisions  of  the 
charter  of  said  city,  and  the  amendments  thereto,  or  of 
any  ordinance  passed  in  pursuance  thereof.”] 

Sec.  10  ( continued .) — The  City  Marshal  or  any  officer 
authorized  to  execute  writs  or  other  process  issued  by 
the  Mayor,  shall  have  power  to  execute  the  same  any- 
where within  the  limits  of  Scott  county,  and  shall  be 
entitled  to  the  same  fees  for  traveling  as  are  allowed  to 
Constables  in  similar  cases  ; and  in  case  of  the  interest, 
inability  or  disqualification  of  the  Marshal  to  act  in  any 
station  or  position  hereby  created  in  this  act,  the  Mayor 
shall  have  authority  to  deputise  such  person  as  he  may 
think  proper,  by  writing  on  the  process  to  be  served  or 
executed,  that  such  person  is  so  deputised,  who  shall  be 
vested  with  all  the  power  and  authority  of  such  Mar- 
shal for  the  time  being. 

Sec.  11.  This  act  is  hereby  declared  to  be  a public 
act,  and  may  be  read  in  evidence  in  all  the  courts  of 
law  and  equity  in  this  State  without  further  proof.  All 
acts  or  parts  of  acts  coming  within  the  provisions  or 
pervue  of  this  act,  or  contrary  to,  or  inconsistent  with 


CITY  CHARTER  AND  AMENDMENTS. 

its  provisions  on  the  taking  effect  of  this  charter,  are 
hereby  repealed. 

Sec.  12.  The  Mayor  and  Clerk  shall  sign  all  by- ordinances 

^ . . signed. 

laws  and  ordinances  passed  by  said  corporation,  and 
the  same  shall  he  carefully  filed  and  preserved  by  the 
Clerk.  All  bills,  bonds,  notes,  drafts  or  contracts,  contracts, 
ordered  by  said  corporation,  shall  he  signed  by  the 
Mayor  and  attested  by  the  Clerk ; and  all  hills,  bonds, 
notes,  drafts  or  contracts  so  signed  or  attested,  and  in 
case  of  bonds  or  contracts  under  seal,  sealed  with  their 
common  seal,  shall  be  valid  and  binding  on  said  corpo- 
ration, in  law  and  equity,  in  every  court  in  Iowa. 

Sec.  13.  The  SERVICE  OF  ALL  PROCESS  AGAINST  said  Service  of 
city  of  Davenport,  shall  be  by  leaving  with  the  Mayor,  110Ctf5“ 
or  in  his  absence,  with  the  Clerk,  a certified  copy 
thereof,  and  in  case  of  subpoena  in  chancery,  a certified 
copy  of  the  bill  also. 

Sec.  14.  Ho  Alderman  shall  receive  any  compensa-  compensation 
tion  for  his  services  as  such,  for  serving  on  committees  ofAldermen- 
created  by  the  City  Council,  nor  hold  any  office  or 
station  under  this  charter,  unless  an  ordinance  provid- Disqualified 
ing  for  such  service  and  compensation,  and  the  amount  certain  offiSL 
of  such  compensation  shall  have  been  adopted  by  said 
City  Council,  and  submitted  to  the  voters  of  said  city, 
and  a majority  of  the  votes  cast  are  in  favor  of  the 
same ; but  they  shall  be  exempt  from  the  three  days’ 
work  on  the  streets,  sidewalks  and  highways  herein  ?0ad™?orkrcm 
provided  for,  and  be  eligible  to  act  as  judges  and  clerks 
of  elections  under  this  charter. 

[The  above  is  section  14,  of  Art.  8,  of  the  original 
charter.  It  was  amended  by  the  amended  charter  of 
January  23,  1857,  as  follows  :] 

Said  City  Council  is  hereby  authorized  to  grant  and 
allow,  by  ordinance,  such  compensation  to  the  Aider- 
men  of  said  Council  for  their  services  as  shall  be 
approved  by  a vote  of  two-thirds  of  all  the  members 
elected. — {Sec.  25  of  Amended  Charter .) 

Sec.  15.  Any  failure  to  hold  any  election  or  Forfeitm.e  of 
expression  of  opinion  provided  for  under  this  charter,  against guarded 


CITY  CHARTER  AND  AMENDMENTS. 


Police  Magis- 
trate. 


Jurisdiction, 


58 

shall  not  operate  as  a forfeiture  thereof,  but  in  case  of 
the  Mayor  and  Aldermen  of  the  town  of  Davenport 
failing  to  provide  for  the  election  or  vote  to  be  had 
(herein  provided  for)  by  them,  the  same  may  be  holden 
on  any  day  thereafter,  and  the  said  Mayor  and  Aider- 
men  of  said  town  shall  see  that  due  notice  is  given,  and 
the  election  or  vote  had,  which  may  have  been  neglected 
or  omitted  to  be  held  or  had,  in  this  act  required  of 
them.  And  in  cases  of  the  failure  and  neglect  after  this 
charter  shall  take  effect,  of  the  City  Council,  at  any 
time,  to  hold  or  cause  to  be  held  an  election  or  vote  to 
be  had  which  may  be  required  of  them,  the  same  shall 
work  no  forfeiture  of  this  charter ; but  such  election  or 
vote  may  be  held  at  some  future  time  thereafter,  as  may 
be  provided  for  by  said  City  Council,  nor  shall  the 
office  of  Mayor,  Alderman,  or  any  other  office  become 
vacant  by  such  failure  ; but  the  incumbent  of  such  office, 
if  otherwise  qualified,  shall  continue  and  be  entitled 
to  all  the  rights  and  privileges  of  said  office,  and  exer- 
cise the  same  until  his  successor  shall  be  duly  elected 
or  appointed  and  qualified. 

[The  following  section  creating  the  office  of  Police 
Magistrate  is  taken  from  the  amended  city  charter  of 
January  23,  1857.] 

Sec.  26.  At  the  first  election  for  Mayor  and  Aider- 
men,  after  the  taking  effect  of  this  act,  and  every 
second  year  thereafter,  there  shall  be  elected,  by  the 
legal  and  qualified  voters  of  said  city,  a Justice  of  the 
Peace,  who  shall  reside  in,  and  be  a qualified  voter  of 
said  city,  who  shall  be  called  a Police  Magistrate,  who 
shall  have  and  possess  all  the  powers  and  jurisdiction 
of  other  justices  of  the  peace  in  Scott  county,  and 
concurrent  jurisdiction  with  the  Mayor  of  said  city, 
in  all  cases  arising  under  the  ordinances  of  said  city, 
who  shall  take  the  same  oath  of  office,  and  qualify  as 
other  justices  of  the  peace  of  Scott  county,  and  who 
shall  hold  his  office  for  the  term  of  two  years,  and  until 
his  successor  is  elected  and  qualified. 


CITY  CHARTER  AND  AMENDMENTS. 

[The  following  section  is  from  the  amended  city 
charter  of  January  23,  1857.] 

Sec.  2.  The  City  Council  shall  have  power,  by  Special  grading 

17  1 t and  paving  tax 

ordinance,  to  levy  and  collect  a special  tax  on  the &c* 
owners  of  lots  on  any  street,  lane,  avenue,  alley,  or  block, 
or  the  side  of  a block,  fronting,  or  lying  on  any  alley,  or 
part  of  any  street,  lane,  avenue  or  alley,  according  to 
their  respective  fronts  owned  by  them,  for  the  purpose 
of  paving  or  grading  the  sidewalks  ; grading,  paving, 
or  macadamizing  such  streets,  lanes,  avenues  and  alleys, 
or  parts  thereof,  and  for  lighting  the  same,  on  being 
petitioned  so  to  do  by  the  owners  of  more  than  half  the 
property  so  to  be  taxed. 

[The  following  section  is  from  the  amended,  charter 
of  January  22,  1855.] 

Sec.  0.  All  the  powers  provided  in  the  Code  for  the 
organization  of  cities  are  hereby  conferred  on  the  city 
of  Davenport. 


60 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


SECTION  I-ROWERS  OF  CITY. 


Charter — Public  Act. — Being  a public  act,  the 
charter  will  he  judicially  noticed  without  being  specially 
pleaded.  4 Pet.,  152, 167 ; 4 Cranch,  384.  Ante  p.  56. 

Charter  cannot  be  Specially  Amended.- — By  the 
new  constitution  of  Iowa  the  Legislature  is  prohibited 
from  passing  special  charters  for  cities,  or  from  passing 
special  acts  amending  the  charters  of  cities.  Such  acts 
to  be  binding  must  be  general  and  of  uniform  operation. 
Ex  parte  Pritz , (relating  to  amendment  of  city  charter 
of  Davenport  adjudged  unconstitutional),  9 Iowa  Rep., 
30 ; and  see  Davis  v.  Woolnough , 9 id.,  104 ; 10  id., 
145,  (Dubuque  City  Court) ; McGregor  v.  Eagles , (City 
Court  case),  18  Iowa  Rep. ; 14  Iowa,  214. 

Meetings,  Regular,  Special,  and  Adjourned — No- 
tice.— If  a quorum  be  present  at  a regular  meeting, 
absent  members  are  bound,  it  being  their  duty  to  attend ; 
and  they  are  likewise  bound  by  the  proceedings  of  an 
adjourned  meeting  to  complete  unfinished  business  of 
the  first  meeting.  It  has  been  held  (but  quere)  that  if 
all  are  not  present  at  a regular  meeting,  it  is  not  com- 
petent to  appoint  and  hold  a future  meeting  to  consider 
new  matters  unless  all  have  actual  notice. 

Of  a special  meeting  all  must,  certainly  if  within  the 
city,  be  notified.  Pope  v.  Batcheler , 22  N.  Y.,  128 ; 
see  21  id.,  296 ; 5 Eng.  L.  and  Eq.,  16 ; 12  Met.,  99 ; 
4 Cush.,  439,  494 ; 5 Cush.,  269 ; 2 Pick.,  345,  355. 

Council,  at  a due  and  legal  meeting,  have  the  right 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


61 

to  adjourn  to  another  day,  and  to  another  place  if 
within  the  corporate  limits.  Chamberlain  v.  Dover , 1 
Sliep.  (Me.,)  472 ; People  v.  Martin , 1 Seld.  (17.  Y.,)  22  ; 
41  Maine,  241 ; 12  Metcalf,  99 ; 2 Pick.,  397. 

Quorum  of  Council. — That  less  than  a quorum  was 
present  may  he  shown  by  oral  evidence,  (13  Ind.,  58), 
if  it  does  not  appear  of  record  ; and  if  shown,  the  acts 
are  void.  20  Ind.,  315.  Ante  p.  29,  note. 

Adoption  of  Charter  by  Voters. — Submission  of 
charter  to  voters  for  adoption.  Foote  v.  Cincinnati , 11 
Ohio  R.,  408. 

Cities  and  Counties,  Ac.,  Distinguished. — Distinc- 
tion between  municipal  corporations  proper,  such  as 
cities,  and  involuntary  quasi  corporations , such  as  town- 
ships, counties,  and  school-districts,  see  Commrs .,  c&c., 
v.  Mighels , 7 Ohio  St.  Rep.,  109,  116,  118,  per  Brink- 
erhoff,  J. ; 12  id.,  375. 

Ayes  and  Hays. — Charter  provision  requiring  ayes 
and  nays  to  be  called,  held  directory  and  not  manda- 
tory. 7 Hill,  9,  24,  29  ; S.  C.  2 Denio,  323  ; 2 Hill,  20  ; 
25  Wend.,  693. 

City  Council — Must  Act  Officially. — Acts  * and 
contracts  of  even  a majority  of  Aldermen  out  of  session 
and  without  any  official  action  of  the  Council  are  not 
binding  upon  the  city.  7 Cray,  12;  13  Id.  347. 

Action  of  Council  de  facto. — The  action  of  a de 
facto  council  or  alderman  is  valid.  5 Hill,  (H.  Y.)  616; 
17  Ohio  Rep.,  143;  6 Wend.,  422;  9 Johns,  147;  16 
Iowa,  369  ; 7 Cow.,  23  ; 21  Pick.,  75.  This  rule  would 
not  apply  to  mere  usurpers. 

Power  not  to  be  Delegated. — A City  Council  can- 
not delegate  even  to  the  Mayor  its  legislative  and  dis- 
cretionary power.  4 Cusli., (433  and  cases.  See,  also, 
5 Cush.,  269  ; 11  Cush.,  433. 

City  cannot  lend  its  Credit.— City  cannot  lend  its 
credit,  or  make  accommodation  paper.  Cla/rh  v.  Des 
Moines , 19  Iowa  Rep. 


ADDITIONAL  NOTES  TO  CITY  CHARTER 


62 

Dissolution  of  Corporation. — Corporation  is  not 
dissolved  by  the  resignation  of  its  officers.  Tarn  Verein 
v.  Funck , 18  Iowa  Rep.  IIow  dissolved,  24  Pick.,  52  ; 

5 Mass.,  230,  232  ; 7 Mass.,  169  ; 22  Pick.,  122 ; 18 
IIow.,  U.  S.  Rep.,  480,  (question  largely  discussed). 

Contracts,  Deeds,  &c. — Persons  cannot  contract  with 
a municipal  corporation,  except  through  its  authorized 
agents,  and  they  are  chargeable  in  law  with  notice  of 
the  limitations  of  official  authority  imposed  by  general 
laws.  Donovan  v.  Mayor , dk?.,  of  New  York , 33  H.  Y. 
Rep.,  291,  293,  per  Porter,  J.,  and  cases  cited. 

Payment  of  Contractors. — Where  equitable,  a cor- 
poration may  voluntarily  increase  compensation  of  con- 
tractor. Meech  v.  Buffalo , 29  H.  Y.  Rep.,  198  ; see  also 
13  K Y.,  143 ; 19  id.,  116. 

Control  over  Contract. — A reservation  by  city  of 
the  right  to  make  alterations  in  work,  is  binding ; but 
such  reservation  does  not  authorize  it  to  annul  the  con- 
tract, or  stop  the  work  in  an  unfinished  state.  Clark  v. 
The  Mayor , 4 Comst.,  328. 

Contracts — Ratification. — Council  may  ratify  unau- 
thorized acts  of  its  agents  which  are  within  the  corpo- 
rate powers.  For  this  doctrine  and  its  limitations,  see 
17  N.  Y.,  449;  19  id.,  207,  208;  2 Denio,  110;  5 id., 
567;  17  H.  Y.,  584;  20  id.,  312;  2 Hill,  159,  176;  8 
Am.  Law  Reg.,  693;  8 Post.,  65;  32  N.  H.,  118;  35 
id.,  477;  1 Pick.,  372;  7 Cranch,  299;  2 Fairf.  (Me.,) 
60.  Limitations  on  this  doctrine,  stated  by  Denio,  J., 
17  H.  Y.,  449,  454;  4 Cush.,  494. 

Contracts — Accepting  Work. — Effect  of  accepting 
work  not  authorized,  or  not  done  according  to  contract 
and  by  whom  accepted,  see  32  N.  II.,  125  ; 7 1ST.  H.,  15  ; 

6 K LI..  15 ; 13  Pick.,  343 ; 14  Maine,  20,  25 ; 30  ib., 
157,  160 ; 15  id.,  306,  308 ; 38  id.,  164 ; 2 Cush.  419, 
426 ; 4 Cush.,  494 ; 13  Gray,  347. 

Market  House,  Town  Hall,  tfec. — Power  of  cities 
and  towns  to  provide  for  city  or  town  hall,  market 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


63 

house,  public  clock,  scales,  and  the  like,  but  not  for 
threatres,  celebrations,  and  the  like,  see  13  Mass.,  272 ; 
19  Pick.,  485,  487;  23  id.,  71;  12  id.,  227,  230;  10 
Cush.,  252 ; 4 Gray,  502 ; 23  Pick.,  71 ; 2 Denio,  110 ; 
1 id.,  510. 

Corporate  Seal  — Implied  Promises.  — The  city, 
within  the  scope  of  its  powers,  may  bind  itself  by  a 
vote,  and  the  authentication  of  its  acts  by  its  corporate 
seal  is  not  indispensable.  It  is  in  certain  cases  liable 
upon  implied  as  well  as  upon  express  promises.  City 
of  Davenport  v.  Ins.  Co .,  17  Iowa  Rep.,  276,  citing 
many  of  the  cases  establishing  the  above  principles  of 
law. 

Deeds — How  and  by  whom  Executed. — Where  the 
city  charter,  which  is  a public  law,  authorizes  the  ap- 
pointment of  a Mayor  pro  tempore , a deed  offered  in 
evidence  purporting  to  have  been  executed  by  such  an 
officer,  on  which  the  seal  of  the  corporation  is  duly 
affixed,  and  the  execution  duly  attested  by  the  Recorder, 
and  which  was  properly  acknowledged  and  recorded, 
the  officer  certifying  in  the  acknowledgment  that  the 
person  executing  the  deed  for  the  corporation  was  per- 
sonally known  to  him  as  the  identical  person  whose 
name  is  affized  to  the  deed  as  President  pro  tempore  of 
the  City  Council  and  acting  Mayor  of  the  city,  and  that 
he  acknowledged  the  instrument  to  be  his  voluntary  act 
and  deed  as  such  President  and  acting  Mayor,  &c.  : 
shows  prima  facie  the  party  thus  executing  such  deed 
was  at  the  time  the  Acting  Mayor  of  the  city,  and 
may  be  admitted  in  evidence  without  further  proof  as 
to  the  official  character  of  such  Acting  Mayor.  Mid- 
dleton Bank  v.  Dubuque , 19  Iowa  Rep.  (This  decision 
is  applicable  under  the  charter  of  the  city  of  Daven- 
port.) 

Real  Estate. — A city  may  hold  property  in  trust 
for  purposes  not  foreign  to  its  institutions  and  powers  : 
as  receiving  land  to  build  city  hall  and  for  other  public 
purposes.  8 Johns.,  422  ; id.,  385  ; 4 Ohio  R.,  157;  9 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


64 

Johns.,  73  ; 2 Wend.,  109  ; 7 Johns.  Ch.  R.,  292;  see 
city  charter  and  notes  ante. 

License  Power  of  City  valid. — Power  to  a city  “to 
license,  tax  and  regulate  hawkers,  transient  merchants, 
pedlars  and  pawnbrokers,”  is  not  unconstitutional.  City 
dec.,  v.  Clutch , 6 Iowa  Rep.,  546.  (This  is  applicable 
to  Davenport,  whose  charter  contains  a similar  author- 

ity-) 

Power  of  City  to  license  Relailers  of  Liquors, 
&c. — In  the  City  of  Burlington  v.  Keller , 18  Iowa 
Rep.,  60,  the  Supreme  Court  decided  the  following 
important  questions — closely  applicable  to  many  ques- 
tion which  may  arise  under  the  charter  of  Davenport 
and  future  ordinances : 

1.  Intoxicating  Liquors — Repeal  of  City  Charter. 
So  much  of  section  15  of  chapter  54  of  the  laws  of  1845 
(Burlington  city  charter],  as  conferred  upon  the  com- 
mon council  of  the  city  of  Burlington  the  power  to 
grant  licenses  to  “retailers  of  spirituous  liquors  by  less 
quantity  than  a quart,  keepers  of  ale  and  porter  houses,” 
was  repealed  by  section  936  of  the  Code  of  1851. 

2.  Non-revwor  of  statute.  The  provisions  of 

chap.  143  of  the  laws  of  1857-8,  making  the  “manufacture 
and  sale  of  beer,  cider  from  apples,  or  wine  from  grapes, 
currants  or  other  fruits  grown  in  this  State,”  lawful, 
did  not  revive  the  provisions  of  said  charter,  repealed 
by  the  Code  of  1851. 

3.  Statute  construed.  Section  15  of  chapter  54 

of  the  laws  of  1845,  conferred  upon  the  city  of  Bur- 
lington the  power  to  grant  or  refuse  licenses  to  tavern- 
keepers,  inn-keepers,  retailers  of  spirituous  liquors  by 
less  quantity  than  a quart,  keepers  of  ale  and  porter 
houses,  and  shops  and  all  other  houses  of  public  enter- 
tainment.” After  its  enactment  the  legislature  of  the 
State  made  the  sale  of  intoxicating  liquors  illegal,  and 
repealed  that  portion  of  the  above  act  that  authorized 
a license  for  the  sale  thereof : Held , that  subsequent 
legislation  did  not  confer  upon  the  City  Council  power 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


65 

to  grant  or  refuse  licenses  for  the  sale  thereof  under  the 
unrepealed  authority  to  grant  or  refuse  licenses  “to  all 
other  houses  of  public  entertainment.” 

4.  Construction  of  Statutes — History.  In  construe- 
ing  the  language  of  a statute  the  history  of  the  legis- 
lation affecting  such  statute  will  always  he  considered. 

5.  Effect  of  partial  repeal.  The  repeal  of  a 

part  of  a statute  cannot  have  the  effect  to  so  enlarge 
the  meaning  of  the  language  which  remains  as  to  make 
it  include  all  that  was  in  the  statute  before  the  repeal. 

6.  Corporations — Powers.  Authority  conferred  upon 
municipal  corporations  is  to  be  strictly  construed  and 
closely  pursued. 

7.  Burlington — Ordinance  invalid.  The  ordinance 
of  the  city  of  Burlington,  passed  Hoy.  3d,  1862,  pro- 
hibiting within  said  city  the  keeping  of  “any  house  or 
place  where  persons  resort  for  the  purpose  of  drinking 
wine,  beer  or  ale  or  other  malt  or  spirituous  drinks,” 
without  a license  from  the  authorities  of  said  city,  is 
invalid,  and  no  prosecution  can  be  sustained  there- 
under. 

8.  Statute — Conflict  with  ordinance.  Where  a stat- 
ute of  the  State  conflicts  with  the  ordinance  of  a mun- 
icipal corporation,  the  former  prevails. 

9.  Municipal  Corporations  — Imprisonment.  A 
municipal  corporation  can  inflict  imprisonment  as  a 
penalty  for  a violation  of  its  ordinances,  only  when 
the  power  is  given  by  the  charter. 

10.  Power  to  regulate  sale.  A municipal  corpo- 

ration, invested  with  the  necessary  power  in  its  charter, 
may  regulate  the  sale  of  intoxicating  liquors  within  its 
limits,  to  the  extent  of  prohibiting  such  sale  by  persons 
who  are  not  licensed  therefor,  though  the  sale  of  such 
liquors  be  not  prohibited  by  the  laws  of  the  State.” — 
See  State  v.  Harris , 10  Iowa,  441.  State  v.  Gurlock , 
14  Iowa  R.,  444. 

License. — What  power  is  given.  Under  authority 
9 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


66 

“ to  license  and  regulate,”  city  may  require  license  to 
be  taken  out  and  charge  a reasonable  sum  for  issuing 
the  same,  but  this  does  not  authorize  a tax  upon  the 
occupation  thus  licensed.  When  right  to  tax  or  require 
a license  exists  see  Cin.  v.  Bryson , 15  Ohio  R„  625  ; 
(< quere  as  to  result  upon  the  facts.)  See,  also,  1 Ohio 
St.  R.,  268  ; compare  11  id.,  534  and  see  10  Ohio  R., 
261 ; 3 B.  Mon.,  133;  11  Gill  & J.,  506 ; 1 Humph., 
(Tenn.)  210 ; Jonas  v.  Cin .,  18  Ohio,  318  ; 5 Cow., 
462.  (By  the  city  charter  of  Davenport,  (Art.  5,  Sec. 
2,)  express  power  is  given  “to  license,  tax  and  regu- 
late” various  employments — thus  conferring  the  power 
to  tax  in  express  words). 

Garnishment  of  Corporations. — Garnishment  of 
Mayor,  Recorder,  and  Treasurer  of  a city,  by  notice  to 
them  as  such  officers,  is  not  a garnishment  of  the  cor- 
poration. Claflin  v.  Iowa  City , 12  Iowa  Rep.,  284; 
see  Revision  1860,  Sec.  3196 ; compare  Burton  v.  Dist. 
Town.  dec.,  II  Iowa  Rep.,  166 ; Wales  v.  Muscatine , 4 
id.,  302. 

t Scrip — Can’t  pay  Judgment  in. — City  cannot  compel 
judgment  creditor  to  take  scrip  in  payment  of  his  judg- 
ment. Clark , Dodge  <&  Co.  v.  Davenport,  12  Iowa 
Rep.,  335. 

Nuisances. — Manner  of  enforcing  tines  under  Chap. 
42  of  Code  1851.  Gosselink  v.  Campbell,  4 Iowa 
Rep.,  296. 

Statute  of  Limitations. — Decided  in  Ohio  that  mu- 
nicipal and  public  corporations  are  within  the  statute 
of  limitations  the  same  as  natural  persons.  Cincinnati 
v.  The  Church,  8 Ohio  R.,  298,  1838 ; followed  in  Same 
v.  Evans,  5 Ohio  St.  R.,  594,  1855.  (There  may  be 
some  doubt  as  to,  or  limitations  upon  this  doctrine.) 

Appropriations  of  Money. — City  Council  have  no 
power  to  provide  public  entertainments  for  guests  at 
expense  of  city,  or  appropriate  money  to  celebrate  the 
4th  of  July — these  not  being  among  its  granted  powers. 
Hodges  v.  Buffalo,  2 Denio,  110 ; 1 Denio,  510. 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


67 

Recovering  Back  Money. — If  city  pays  money  vol- 
untarily without  any  fraud  or  mistake  of  fact,  it  cannot 
recover  it  back  though  the  claim  could  not  have  been 
legally  enforced  against  it.  9 Cow.,  671;  1 Wend., 
355 ; 2 Denio,  26,  40  ; 2 Hill,  135  ; 39  Maine,  183  ; 41 
Maine,  246.  (See  City  Charter  ante  and  notes.) 


Rewards. — City  may  offer  rewards  in  cases  in  which 
it  has  an  interest.  7 Cray,  272;  5 Cush.,  219;  7 Gray, 
374,  (reward  for  incendiary). 

Riots — Mobs. — Authority  of  city  to  suppress  riots, 
see  ( Anthony  Burns  case)  5 Gray,  121. 

Amount  of  Debt — Limitation. — Limitations  upon 
corporations  respecting  amount  of  indebtedness  they 
may  create,  see  Wyncoop  v.  Church , 10  Iowa  Rep.,  185; 
Gas  Co.  v.  Davenport , 13  id.,  229  ; Rice  v.  Keohuh , 15 
id.,  579 ; 24  How.,  287 ; compare  11  Ohio  St.,  183 ; 
Avery  v.  Mayor , 24  How.  (H.  S.),  372  ; Jones  v.  Cin ., 
18  Ohio,  318,  322 ; 17  1ST.  Y.  Rep.,  110 ; 1 Clinton’s 
H.  Y.  Dig.,  “Buffalo”  Sec.  2. 

The  constitutional  limitation  on  State  indebtedness 
does  not,  it  is  held  in  Ohio,  apply  to  towns  and  cities. 
Cass  v.  Dillon , 2 Ohio  St.  R.,  607. 


Taxation  and  Local  Assessments. — What  may 

taxed  under  power  to  tax  “all  property  withir 

city,”  14  Ind.,  27,  354  ; 21  Ind.,  261,  (bank  stoc’  ' the 

Ind.,  335,  (pork  killed  and  stored  in  city) ; 18  T ’ P 

ind.,  33. 

Taxation. — City  cannot  discriminate  and  1 
eral  tax  upon  the  real , thereby  exempting  a ^en' 

property.  2 Black,  U.  S.,  510  ; 9 Wis. 

242,  282 ; 5 Ohio  St.,  589  ; 3 id.,  1. 


che  personal 
410 ; 10  id., 


Taxation. — General  Laws  of  St 
general  laws  of  the  State  apply  to 
Rep.,  387;  id.,  388,  note , and  rer  ^ * ‘ 

Sol;  and  see  10  Wend.,  186;  1'  °f  Demo;  J.,p. 

17  Wend.,  234,  19  Johns.,  248 


ate. — How  far  the 
cities,  see  20  1ST.  Y. 


compare 


Mandamus  to  levy  Tax,  . n ^ 1 

’ ^c.— Mandamus  to  compel 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


68 

levy  of  tax,  when?  see  The  State  v.  Com .,  6 Ohio  St. 
R,  280  ; 8 id.,  317  ; 1 id.,  119  ; 19  Ohio,  115. 

To  compel  the  drawing  of  an  order,  when  ? 1 Ohio 

St.,  322  ; 19  Ohio,  116. 

Local  Improvement. — In  making  local  improvements 
the  city  must  strictly  pursue  the  power  given  it.  And 
the  same  rule  applies  to  its  exercise  of  the  right  of 
eminent  domain.  2 Seld.,  92  ; 9 Barb.,  152 ; 23  Wend., 
158;  1 Denio,  520  ; 1 Hill,  76;  15  H.  Y.  512;  17  H. 
Y.,  383;  8 id.,  120;  3 Johns.  Gas.,  107;  1 Seld.,  431; 
8 Ind.,  31,  37;  1 Hill,  92;  12  Wheat.,  40  ; 17  Ind., 
169  ; 29  H.  Y.,  198. 

Amount  of  Property  represented.  — Humber  of 
owners  and  of  feet  to  be  represented,  see  8 Ind.,  31; 
15  Ind.,  112. 

Local  Assessments.  — Re-assessment.  — Re-assess- 
ment for  local  improvement,  when  lawful  ? Butler  v. 
Toledo , 5 Ohio  St.  Rep.,  225. 

When  assessment  is  a personal  charge,  see  17  H.  Y., 
383  ; 12  K Y.,  110. 

SECTION  2. -RECORDS. 


Records — upon  whom  binding. — Records  of  a public 
U)oration  not  binding  upon  third  persons,  who  may 
the  truth  in  evidence.  This  is  clearly  the  case 
the  record  or  journal  of  the  corporation  is  silent. 
wen  v.  Cline , 5 Ohio  R.,  136  ; 8 id.,  310  ; 9 
1 Cart.  (Ind.),  281;  compare  15  Wend.,  397. 


coi^ 
shov/ 
where 
Westerh 
Iowa,  511 


parol  evidence. — As  to  parol  evidence  of 
vtions,  see  12  Wheat.,  61,  71,  per  Story 
Redf.  on  Railways,  p.  21,  note  / 1 
270  ; 8 Ind.,  501, 
3 H.  II.,  493,  199  ; 1 Fost.,  309  ; 
Y!  ; 6 Pick.,  16  ; 18  Maine,  311; 

373.  As 


Records— 
acts  of  corpor 

J.  ; 12  Ind.,  16*  „ n 

Ind.,  281;  Angei  „ _ 

507  ; 17  Ind.,  175  ; 

id.,  296 ; 13  Maine,  . . ., 

17  id.,  Ml ; 36  id.,  74  , ' 42  b o9°  ’ 30  . . 

to  conclusiveness  of  rec,  of  fects  spearing  on  then- 


face,  see  11  Ind.,  424  ; 5 


Ohio,  358;  17  111.,  151. 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


G9 

Records — amendment  of. — Records  of  corporation 
may  be  amended  according  to  the  facts,  by  the  person 
in  office  at  the  time.  11  Mass.,  477,  481;  21  Pick.,  75; 
12  Met.,  105;  13  Me.,  466;  11  Fost.,  501;  8 id.,  58, 
66  ; 9 K II.,  168  ; 10  K H.,  291  ; 12  K II.,  340  ; see 
practice  when  officers  out  of  office,  37  H.  II.,  306,  311. 

Records — Mandamus. — Delivery  to  official  successor 
will  be  enforced  by  mandamus.  3 Mass.,  285  ; 19  H. 
II.,  215;  2 Pick.,  397;  21  Pick.,  148;  7 Cush.,  226, 
239  ; 14  Gray,  163.  See  17  Iowa,  525  (as  to  replevin), 
and  compare  21  Pick.,  148  ; 44  Maine,  374 ; 3 Cush.  549. 

SECTION  3.-WHARVES,  DOCKS  AND  PIERS. 

License  from  owner  of  land  not  demandable. — 
A wharf  license,  it  seems,  cannot  be  required  from  the 
riparian  owner  for  his  own  boat , fastened  to  his  own 
land,  though  within  the  city  limits.  McLaughlin  v. 
Stevens , 18  Ohio  R.,  94 ; see  11  id.,  138  ; 1 Ohio  St.  R., 
222.  Wharves  and  piers,  see  further,  13  Wend.,  289  ; 
2 Denio,  625  ; 11  H.  Y.,  115  ; id.,  461 ; 1 Caines’  Rep., 
543;  5 Sandf.,  16;  affirmed  10  K Y.,  567;  7 Hill, 
429  ; 5 id.,  71 ; 9 Wend.,  571 ; 4 id.,  4 ; 8 Cow.,  146  ; 
24  How.,  188  ; 19  id.,  263  ; 17  id.,  426. 

Wharves — Public  and  Private. — See  1 Black  (U. 
S.)  Rep.,  23. 

Wharf — Liability  of  City. — A city  is  liable  for 
special  injury  for  neglecting  to  keep  its  toll  or  pay 
wharf  in  order.  22  Pa.  St.,  54,  commented  on  ; 36  H. 
H.,  284,  295. 

“ Reserved  Landing” — Wharf  and  Wharfage. — 
In  Grant , Receiver , v.  City  of  Davenjport , (18  Iowa 
Rep.  179),  the  Supreme  Court  decided  the  following 
points  with  respect  to  the  property  known  as  the  “ Re- 
served Landing  ” and  the  right  of  the  city  to  collect 
wharfage  thereat ; the  decision  denying  the  right  of  the 
city  to  collect  wharfage  at  that  landing,  but  perhaps 
not  deciding  upon  the  right  of  the  city  to  require  boats, 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


70 

except  those  of  the  owner  of  the  private  wharf,  to  land 
at  the  pnblic  wharf.  The  questions  decided  by  the 
Court  are  thus  stated  by  the  Reporter : 

Grant , Receiver , v.  The  City  of  Davenport , 18  Iowa 
Rep.,  179. 

1.  Dedication — Wharf  • Municipal  Corporation . 
The  proprietor  of  lands,  in  laying  out  and  platting  the 
the  same,  as  an  addition  to  an  incorporated  town,  by  the 
plat  declared  that  the  “ streets,  roads,  alleys,  and  public 
grounds  are  donated,  granted,  appropriated  to  public 
purposes,  for  the  uses  therein  specified,”  but  marked 
one  tract,  which  was  bounded  on  three  sides  by  public 
streets  and  on  the  fourth  by  a navigable  river,  by  lines 
which  separated  it  from  the  streets,  and  by  the  words 
u Reserved  Landing.”  Held , that  the  donor  retained 
the  title  and  the  right  to  use  the  tract  so  reserved  for  his 
own  benefit,  to  the  exclusion  of  the  public. 

The  case  of  McManus  v.  Carmichael , 3 Iowa,  1, 

considered  and  distinguished  ; and  Cowles  v.  Gray , 14 
Iowa,  1,  cited  and  followed. 

2.  Estoppel — Corporation . The  proprietor,  in  plat- 
ting an  addition  to  an  incorporated  town,  marked  a cer- 
tain tract  of  land  bounded  on  one  side  by  a navigable 
river,  “ Reserved  Landing ;”  the  council  of  the  corpo- 
ration, by  ordinance,  released  to  the  owner,  as  to  a por- 
tion of  said  land,  “ all  right  and  claim  of  the  corpora- 
tion to  control  said  property,  or  the  use  of  any  part 
thereof,  further  than  the  right  of  said  corporation  over 
any  other  private  property  within  the  limits  of  said  cor- 
poration,” which  release  was  subsequently  extended  by 
ordinance  to  all  of  said  property  ; — after  which  the  said 
corporation  authorized  the  erection  of  mills  on  said 
premises,  by  the  grantees  of  said  owner,  and  also  of  a 
bulkhead  to  protect  the  landing  thereon  ; and  the  county 
commissioners,  in  the  exercise  of  a power  conferred  by 
law,  declared  said  landing  vacated  as  a part  of  the  plat 
of  said  corporation ; the  grantees  of  the  original  owner 
thereafter  erected  mills  and  made  other  improvements 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 

on  said  premises,  and  remained  in  the  use  and  posses- 
sion of  the  same  for  a long  series  of  years.  Held , that 
said  corporation  was  by  its  own  acts  estopped  from 
denying  the  right  of  the  owners  of  said  “private  land- 
ing ” to  its  exclusive  use. 


Argu.  1.  Corporation— parol  contract.— A release  by  a municipal  corporation  of  a 
claim  to  the  use  of  real  property,  by  ordinance  and  not  by  deed,  will  be  en- 
forced by  a court  of  equity  when  the  releasee  has  paid  the  consideration,  or 
entered  into  the  possession  and  made  valuable  improvements. 

3.  Wharf— private.  When  a private  wharf  was 

erected  upon  land  within  the  limits  of  a municipal  cor- 
poration, but  which  was  not  dedicated  to  the  public  use, 
the  council  of  which  was  authorized  by  its  charter  “ to 
regulate  public  wharves  and  landings,  and  to  regulate 
the  erection  and  repair  of  private  wharves,  and  the  rate 
of  wharfage  thereat,”  and  also  “ to  make  wharves  in 
the  river,  and  to  alter,  widen,  control,  straighten  and 
discontinue  the  same,”  under  which  it  improved  the 
public  wharves,  and  permitted  the  improvement  of  such 
private  wharf  by  the  owners  thereof  at  a heavy  ex- 
pense; and  such  owners  remained  in  the  undisputed 
possession  of  the  same,  using  it  with  the  public  for  a 
long  series  of  years,  asserting  however  their  exclusive 
right  where  the  necessities  of  their  business  demanded 
it,  it  was  held  that  the  corporation  could  not,  without 
compensation  to  such  owners,  appropriate  to  its  own 
use  the  benefits  of  such  wharf  by  demanding  and  re- 
ceiving wharfage  of  the  steamboats  landing  thereat. 

d.  Riparian  Owners.  The  riparian  proprietor 

of  land  situated  outside  of  an  incorporated  town  or  city 
has  a right  to  erect  private  wharves  or  landings  on  the 
shores  of  navigable  waters,  if  they  conform  to  the  State 
regulations  (if  any)  and  do  not  obstruct  the  paramount 
right  of  navigation ; but  wharves  erected  within  the 
corporate  limits  of  any  town  or  city  must  yield  to  the 
paramount  right  of  the  corporation,  when  granted  by 
the  law  by  which  the  corporation  is  created. 

5.  Power  to  Regulate.  The  power  conferred 


72 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


upon  a municipal  corporation  to  regulate  the  repairs 
and  rates  of  wharfage  charged  at  a private  wharf  does 
confer  the  power  to  destroy  them.  (18  Iowa  R.,  179). 

For  action  of  town  council  of  Davenport  in  relation 
to  “ Reserved  Landing  ” see  records  of  June  meeting, 
1816,  and  of  June  25th,  1847. 

Power  over  River. — The  charter  gives  the  city  full 
power  to  prevent  obstructions  to  the  navigation  of  the 
river,  and  to  abate  and  remove  them  even  though  the 
party  erecting  is  the  owner  of  the  adjacent  land.  Ilart 
v.  Albany , 9 Wend.,  571 — valuable  case,  affirming  S.  C. 
3 Paige  R.,  213,  relating  to  a floating  store  house. 

SECTION  4. — CITY  OFFICERS ; DUTIES  AND  LIABILITIES. 

Mayor — power  and  duties. — The  powers  and  duties 
of  Mayor  depend  entirely  upon  the  charter  and  ordin- 
ances. 12  Ind.,  569;  14  id.,  93.  As  to  office  of  Mayor, 
consult  4 Jac.  Law  Diet.,  264 ; 21  Me.,  550  ; 14  111., 
419  ; 4 Dali.,  229  ; 3 Yeates,  300  ; 3 Harring.  (Del.), 
294  ; Ackley's  case , 4 Abb.  Pr.  Rep.,  35. 

Mayor — judicial  jurisdiction. — The  Mayor,  though 
a citizen  of  city,  may  be  invested  with  lawful  authority 
to  try  complaints  for  violation  of  ordinances.  Thomas 
v.  Mt.  Vernon , 9 Ohio  R.,  290. 

Mayor’s  Judicial  Duties — Absence  or  Inability. — 
If  charter  authorizes  a Justice  to  act  when  Mayor  is 
absent  or  unable  to  do  so,  the  record  should  show  that 
fact.  Muscatine  v.  Steck , 7 Iowa,  505  ; see  and  compare 
Corbin  v.  Hills , 19  Iowa  Rep. ; Dubuque  v.  Hebman , 1 
Iowa  Rep.,  444. 

Appeal. — Under  the  city  charter  of  Davenport,  an 
appeal  lies  from  decisions  of  Mayor  or  Police  Magistrate 
to  District  Court.  See  also  Dubuque  v.  Hebman, , 1 
Iowa  R.,  444 ; S.  B . v.  Shaw , 2 G.  Greene,  91 ; Conboy 
v.  Iowa  City , 2 Iowa  Rep.,  90. 

Election — eligibility. — Law  stated  where  highest 
candidate  is  ineligible  ; must  there  be  a new  election, 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


73 

or  is  tlie  highest  eligible  candidate  elected  ? This  de- 
pends on  circumstances.  Mind.,  93;  12  Geor.  R.,  23; 
1 Chandl.  (Wis.),  112 ; Grant  on  Corp.,  208  ; Cush. 
Law  of  Legisl.  Ass.,  66,  67 ; 10  Ind.,  62. 

Vacancy  Defined. — 7 Ind.,  326.  (See  City  Charter 
as  to  vacancies  in  certain  cases.) 

When  it  may  not  Indemnify  its  Officers. — City 
cannot  indemnify  officers  in  suits  in  which  it  has  no  in- 
terest and  which  can  in  no  way  affect  the  right  of  the 
corporation.  3 Comst.,  430  ; 5 Barb.,  218  ; 3 Denio, 
381  ; 6 Hill,  244  ; 5 Denio,  517,  521.  But  may  indem- 
nify them  for  official  acts  done  in  good  faith.  12  N. 
II.,  278  (tax  collector  case) ; 7 Pick,  18;  18  Pick.,  566; 
19  Pick.,  516. 

Council — personal  liability. — If  Council  makes  a 
contract  not  authorized,  the  city  is  not  liable.  Are  the 
officers  personally  liable  ? Where  there  was  on  both 
sides  an  innocent  mistake  of  law  and  no  personal  liabil- 
ity looked  to,  it  has  been  decided  that  they  are  not  in- 
dividually liable.  18  Ind.,  396  ; see  2 Ind.,  327 ; also 
3 K H.,  55. 

Personal  liability  of  city  officers  for  refusing  to  levy 
a tax,  see  Oswald  v.  Thedinger , 17  Iowa  Pep.,  13. 

Municipal  Liability  for  Act  of  Officer. — The  gen- 
eral principle  rendering  the  master  liable  for  the  tor- 
tious acts  of  his  servants  committed  in  his  service,  does 
not  apply  to  the  wrongful  acts  of  the  officers  of  a mu- 
nicipal corporation,  who  are  elected  for  a definite  term, 
during  which  they  are  restrained  and  governed  only  by 
the  statutes  which  prescribe  their  duties,  which  statutes 
by  presumption  of  law  are  known  to,  and  by  the  exer- 
cise of  a reasonable  diligence  may  be  practically  under- 
stood by  every  one  who  may  have  business  with  them. 

1 8 Iowa  Rep.,  199. 

A county  or  city  is  not  liable  to  a tax-payer  for  mon- 
eys fraudulently  collected  by  the  Treasurer  as  taxes 
and  applied  to  his  own  use.  Estep  v.  Keokuk  Co.,  18 
Iowa,  199. 

10 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


74 

Officer — Removal — Notice. — Tlie  power  or  body 
that  appoints  may  accept  resignation,  which  need  not 
be  in  writing.  2 Hill,  243  ; 20  Wend.,  595  ; 2 Hill,  93. 

Power  to  appoint,  in  general,  implies  power  to  re- 
move. 5 Barb.,  43  ; see  4 E.  E>.  Smith,  563. 

(Aldermen  should  address  resignation  to  City  Coun- 
cil j. 

Officer  — removal  — notice.  — Officer  removed  by 
Council  is  entitled  to  actual  notice  thereof,  and  to  com- 
pensation until  he  receives  such  notice.  Jarves  v.  Mayor , 
2 N.  Y.  Leg.  Obs.,  396.  Amotion  generally,  see  13 
Wend.,  473  ; Angell  & Ames  on  Corp. 

Vacancy — removal. — Permanent  removal  from  city 
vacates  office.  1 Pick.,  129  ; 10  N.  H.,  567  ; 11  Fost., 
304  ; (see  also  special  provision  in  city  charter  as  to 
removal  of  Aldermen  from  ward). 

Arrests  by  Marshals. — Arrests  by  Marshals  are  to 
be  viewed  with  reference  to  the  general  law.  If  on 
Sunday,  he  should  ordinarily  take  party  at  once  to  the 
magistrate,  and  not  imprison  him  till  Monday.  16  Ind., 
486 ; 3 Ind.,  475  ; id.  479. 

Compensation  of  City  Officers. — The  officers  of  a 
city  must  look  for  their  right  to  compensation  and  the 
amount  of  it  to  the  charter  and  ordinances.  There  is 
no  implied  liability  on  the  part  of  the  city.  If  not 
expressed  in  charter  or  ordinance,  it  does  not  exist. 
Baker  v.  Utica , 19  N.  Y.,  326  ; 1 Hill,  Rep.,  362 ; 11 
Paige,  596. 

Compensation  may  be  changed  at  pleasure  by  the 
Council,  even  as  to  existing  officers.  1 Seld.,  285 ; 7 
Hill,  81 ; 2 Henio,  272 ; 21  Wend.,  563  ; 1 Hilton  (N. 
Y.),  483. 

Salaried  officer  cannot  legally  claim  extra  pay  because 
duties  of  his  office  have  been  increased  since  the  salary 
was  fixed.  1 Hill  (N.  Y.),  362;  2 Sandf.,  318;  com- 
pare 12  Wend.,  257,  (where  the  duty  was  outside  his 
regular  duties),  18  Johns.,  242 ; 2 Cow.,  531 ; id.,  533  ; 
White  v.  Polk  Co 17  Iowa,  413. 


ADDITION AL  NOTES  TO  CITY  CHARTED. 


75 

The  appointment  by  a Council  of  a city  officer,  e.  g. 
Engineer,  for  a fixed  time  (one  year),  at  a fixed  price 
(§1,000),  constitutes  a contract.  So  held  in  7 Gray.,  33. 

The  right  of  officer  to  pay  must  be  given  in  the  char- 
ter or  ordinances,  or  it  does  not  exist.  13  Gray,  347. 

City  Treasurer — liability  of  city  for  iiis  acts. — 
City  not  liable  for  acts  of  its  Treasurer,  outside  the 
scope  of  his  power.  7 Wend.,  254  ; 2 Denio,  473,  and 
cases  ; 3 K H.,  57,  59  ; 4 Allen,  195. 

Liability  for  Acts  of  Officers  and  Servants. — As 
to  corporate  liability  for  acts  of  its  officers,  see  further, 
19  Pick.,  511 ; 41  Maine,  363  ; 45  id.,  496  (important 
case) ; 32  Maine,  431  (private  railway  case  distin- 
guished from  19  Pick.,  511) ; 18  Iowa,  199. 

Eespondeat  Superior. — “ Respondeat  superior”  when 
applicable  to  cities,  that  is,  when  cities  are  liable  for 
the  acts  of  their  agents  and  officers,  see  3 Hill,  612,  618; 
id.,  531 ; 2 Denio,  433,  and  cases  cited.  See  particu- 
larly 17  H.  Y.,  104.  Pule  stated  in  3 Gray  (Mass.), 
349  ; approved  by  U.  S.  Supreme^Court,  2 Black,  418, 
( Chicago  v.  Bobbins.)  See  also  1 Allen  (Mass.)  101 ; 10 
Met.,  108  ; 4 Allen,  195,  197 ; id.,  57 ; 3 id.,  166  ; 2 
Denio,  433,  447. 

City  not  liable  for  assault  committed  by  police  offi- 
cers in  enforcing  an  ordinance.  Buttrick  v.  Lowell,  1 
Allen  (Mass.),  417 ; see  4 id.,  41,  52  ; 32  N.  LI.,  435  ; 
34  id.,  306,  312,  and  cases;  7 Gray,  464;  19  Pick,  511; 
id.,  147  ; 4 Gray,  465. 

Police  Officers. — These  officers  are  not  known  to 
the  common  law,  and  can  only  exercise  the  powers 
granted  them  by  statute  and  ordinances.  12  Met  .,  233 ; 
9 Metcalf,  259. 

SECTION  5.— DEDICATION  OF  PROPERTY  TO  PUBLIC  USE. 

Dedication — streets,  &c. — If  owner  plats  street  and 
sells  lots  accordingly  this  establishes  a dedication  of  the 
street  to  the  public.  Mere  platting,  without  sale,  not 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


76 

sufficient.  United  States  v.  Chicago,  7 How.  B.,  185, 
196  ; 4 Paige  B.,  510 ; 6 Pet.  (U.  S.)  Pep.,  498,  506  ; 
10  id.,  718  ; 21  N.  Y.,  474 ; 5 Denio,  9,  19;  19  Wend., 
128  ; 1 Hill,  189,  191 ; 17  Wend.,  649  ; 11  id.,  486  ; 6 
Ohio,  298;  7 Ind.,  38;  15  Ind.,  201;  2 Ind.,  420;  7 
Ind.,  641.  Width  of  streets  dedicated,  see  McLaughlin 
v.  Stevens , 18  Ohio  P.,  94,  and  cases  cited.  Cul  de  sac 
strip,  21  N.  Y.,  474. 

Public  Grounds — adjacent  owners . — The  purchasers 
of  property  who  acquire  title  with  reference  to  a plat 
of  the  town  in  which  it  is  situated,  also  acquire  as 
apurtenant  thereto  a vested  right  in  and  to  the  use  of 
adjacent  grounds  designated  as  public  grounds  in  such 
plat,  which  right  cannot  he  divested  by  the  owner 
making  the  dedication,  nor  perhaps  by  the  town  in  its 
corporate  capacity.  Leffierv.  Burlington , 18  Iowa,  361. 

Dedication  of  Streets — acceptance  necessary. — 
Where  streets  are  dedicated  by  private  persons,  there 
must  be  an  acceptance  by  the  proper  local  authorities  in 
order ' to  impose  upon  the  city  a liability  for  want  of 
repair ; but  this  acceptance  may  be  expressed  or  implied. 
42  Maine,  9 ; 40  Maine,  154 ; and  see  2 Seld.,  257 ; 1 
Pho.  Is.,  93  ; 5 Strobli.,  217 ; 8 Gratt.  (Va.),  632  ; 5 
Cush.,  1;  27  Yt.,  443;  19  Conn.,  154;  2 Greenl.  Ev., 
Sec.  662  ; 19  Pick.,  415 ; 13  Met.,  10 ; 8 Cush.,  195  ; 
5 Gray,  73 ; 7 id.,  338  ; 11  N.  H.,  413. 

Dedications  for  “burying  grounds,”  6 Hill,  407. 
“ Public  Squares,”  4 Paige,  510 ; 9 Ohio,  80  ; 6 id., 
298;  18  Ohio,  18;  7 Ohio,  pt.  1,  page  88;  2Yerm.,480; 
3 id.,  521,  530 ; 6 id.,  355  ; 4 Paige,  510 ; 7 Ind.,  641  ; 
meaning  defined,  8 Ind.,  174;  see  7 id.,  9.  “Court 
houses,”  &c.,  5 Ohio,  204;  6 id.,  101,  298,  305.  “ Pub- 

lic landings,”  20  Wend.,  Ill ; 22  id.,  425;  full  discus- 
sion of  law  and  cases.  “Market  space,”  12  Ind.,  620. 

Dedication — parol  evidence. — Parol  evidence  is  not 
admissible  to  establish  intention  of  donor  in  dedicating 
squares  or  streets.  Brown  v.  Manning , 6 Ohio  P.,  298. 
But  dedications  may  be  proved  by  parol  evidence.  7 
Ind.,  641 ; 9 B.  Mon.,  200. 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


77 

Statutory  and  common  law  dedications  distinguished 
in  Village  of  Fulton  v.  Mahenfield , 8 Ohio  St.  P.,440  ; 
State  v.  Hill , 10  Ind.,  2,  9 ; 8 Ind.,  425. 

Dedication — reverter,  when. — The  property  reverts 
to  original  owner  only  when  the  public  use  becomes 
impossible,  but  not  upon  a mere  misuse.  Ecpiity  will 
relieve  against  a misuser  and  compel  the  city  observe 
the  trust.  Barclay  v.  llowelVs  lessee , 6 Pet.,  507 ; Will- 
iams v.  The  Church , dec.,  1 Ohio  St.,  478  ; Webb  v. 
Moler , 8 Ohio  P.,  552  ; 4 id.,  514  ; 6 id.,  298;  7 id.,  pt. 
1,  page  217. 

Public  squares  may  be  enclosed  by  city.  Uses  of 
squares  defined,  Langley  v.  Gallipolis , 2 Ohio  St.  R., 
107  ; Cone  v.  Alburger , 1 Wliart.  (Pa.),  469. 

Dedication — dower. — -Widow  has  no  dower  in  land 
dedicated  for  streets  and  squares.  Gwynne  v.  Cin .,  3 
Ohio  Pep.,  25.  So  when  lands  are  condemned  and  paid 
for  by  city,  for  streets  or  other  public  use,  widow  has 
no  dower.  Moore  v.  Mayor , 8 N.  Y.,  110 ; see  7 id., 
314. 

SECTION  6.— streets,  bridges,  &c. 

Laying  Out  and  Opening  Streets — law  to  be 
closely  followed. — In  taking  private  property  for 
public  use  the  charter  and  ordinances  must  be  strictly 
pursued.  Ilarbeck  v.  Toledo , 11  Ohio  St.  P.,  219 ; 8 
id.,  333  ; Lhjckman  v.  Mayor , 1 Seld.,  439 ; State  v. 
Jersey  City , 1 Dutch.  P.,  310 ; Cin.  v.  Coombs , 16 
Ohio,  181. 

Private  property  cannot  be  taken  for  private  pur- 
poses. Beeves  v.  Wood  Co .,  8 Ohio  St.  P.,  333,  345. 

Laying  out  Streets — confirmation  of  report  of 
jury. — Confirmation  of  report  of  assessment  of  jury, 
when  binding  upon  city,  so  as  not  to  be  within  power 
of  Council  to  set  aside,  see  State  v.  Keokuk,  9 Iowa 
Pep.,  438. 

“Opening”  street  defined.  18  Ohio  P.,  161. 

Opening  Streets — conditions. — If  a city  accepts  the 


Jg  ADDITIONAL  NOTES  TO  CITY  CHARTER. 

proposition  of  a land  owner  to  give,  free  of  charge,  cer- 
tain land  for  a street,  if  the  city  will  do  so  and  so,  and 
it  complies,  he  is  estopped  to  claim  damages  for  his 
land.  Crockett  v.  Boston , 5 Cush.,  182. 

County  Roads  within  City  Limits. — As  to  power  of 
county  to  lay  out  roads  and  erect  bridges  within  limits 
of  a city,  see  Wells  v.  McLaughlin,  1 7 Ohio,  99 ; id., 
101 ; Barrett  v.  Brooks , 19  Iowa  Rep. ; Knowles  v. 
Muscatine,  19  Iowa  Rep.  (affirming  the  right  in  that 
case.)  See  Mullion  v.  Black  Hawk  County,  Sup.  Court 
of  Iowa,  Dece.  T.,  1866,  as  to  liability  of  county  for 
bridges  within  city  limits. 

Trees  in  Streets  Protected. — It  is  competent  for 
cities  to  impose  a penalty  upon  persons  who  mutilate 
or  destroy  shade  trees  in  streets,  sidewalks  or  squares ; 
and  it  is  no  defense,  it  seems,  that  the  trees  destroyed 
stood  upon  the  street  in  front  of  the  lot  of  the  accused. 
State  v.  Merrill,  37  Maine,  329. 

Opening  Streets — benefits  assessed. — It  has  been 
decided  in  New  York,  upon  great  consideration,  that  a 
law  or  charter  which  authorizes  the  expense  of  opening 
streets  to  be  assessed  upon  property  owners  benehtted, 
in  proportion  to  the  amount  of  such  benefit,  is  not  un- 
constitutional. People  v.  Mayor,  4 Comst.,  419 — every- 
where recognized  as  the  leading  case  on  this  subject ; 
19  N.  Y.,  116,  118;  13  id.,  143;  8 id.,  241,251;  1 Ohio 
St.,  126,  135  ; 3 Wend.,  452 ; 23  Wend.,  458. 

Buildings  in  Street.— A city  cannot  authorize  the 
erection  of  a private  building,  if  indeed  any  kind,  upon 
a public  street.  Stetson  v.  Faxon,  19  Pick.,  147. 

Streets — right  of  free  transit — limitations  on 
the  right. — The  streets  should  be  left  free  and  open  to 
the  public,  and  it  is  a right  of  the  public  to  have  them 
so  left,  with  this  limitation : that  the  street  may  be  im- 
proved and  temporarily  occupied  by  building  material, 
provided  that  this  be  placed  in  the  most  convenient 
manner  and  for  a reasonable  time.  But  this  will  not 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


79 

justify  leaving  tlie  street  in  an  unsafe  and  dangerous 
condition.  The  law  on  this  subject  is  well  stated  in  the 
following  cases : Com.  v.  Passmore,  1 Serg.  & Raw. 
Rep.,  217 ; approved  People  v.  Cunningham , 1 Denio, 
524,  530 ; Clark  v.  Fry , 8 Ohio  St.  R.,  358,  374 ; 2 id., 
536. 

If  the  owner  of  lot  digs  a vault  or  pit,  or  otherwise 
makes  the  street  or  sidewalk  dangerous,  and  does  not 
guard  same,  the  party  injured  may  sue  him,  or  the  city 
may,  if  it  is  compelled  to  pay,  recover  over  against  the 
author  of  the  dangerous  place.  Sawyer  v.  McLoskey , 
.2  Ohio  St.  R.,  536 ; 2 Black  (U.  S.),  418. 

Building  Material  on  Street. — Where  street  is 
incumbered  by  building  material,  pursuant  to  ordinance , 
held  to  protect  the  party  from  liability  for  an  injury 
suffered  by  third  persons,  17  Ind.,  515  ; see  10  id.,  181, 
quere. 

Liability  for  Work  on  Streets. — A city  is  not  lia- 
ble for  work  upon  the  streets  where  the  municipal  offi- 
cers contracting  for  such  work  had  no  authority  to  do 
so.  Donovan  v.  Mayor  of  JSf.  Y.,  33  N.  Y.  Rep.,  291. 

Nuisances  on  Streets. — Power  of  city  over  streets 
and  highways  to  abate  nuisances,  and  what  are  such,  see 
Davis  v.  Bangor , 42  Maine,  522,  527,  and  the  many 
cases  there  cited  ; 32  Maine,  431,  (private  railway  on 
street,  city  not  liable  for  damage  done  by  it). 

Streets — how  far  to  be  improved. — City  is  not 
obliged  to  improve  the  entire  length  of  a street  or 
none ; it  may  improve  part  and  coniine  assessments  to 
the  lots  adjoining  the  part  improved.  Scoville  v.  Cleve- 
land, 1 Ohio  St.  R.,  133 ; approved  and  applied  10  id., 
159. 

Ownership  of  Streets — use  of  by  r.  r.  go. — In  Da- 
venport the  fee  simple  of  the  streets  is  in  the  city,  and 
i lot  owners  do  not  own  to  the  middle  of  the  street  in 
front  of  their  lots  ; and  City  Council  may  grant  use  of 
street  to  railroad  company  and  the  lot  owner  along  the 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


80 

street  cannot  enjoin  tlie  railroad  company  or  sue  it  or 
the  city  for  damages.  Hughes  v.  M.  <&  M.  It.  It.  Co ., 
12  Iowa  Rep.,  261 ; Milburn  v.  Cedar  Rapids,  id.,  216. 

Bridges — destruction  of. — City  may  sue  for  the 
value  of  one  of  its  bridges  illegally  destroyed  and  con- 
verted to  private  use.  3 Fost.  (N.  H.),  83. 

Power  of  City  over  Bridges — toll  bridges  — 
bridge  fund,  &c. — City,  without  special  power  in  char- 
ter, cannot  build  or  assess  others  to  build  a toll  bridge ; 
but  it  may  ordinarily  do  these  acts  with  respect  to  a 
free  bridge  within  the  city  limits.  Midlarkey  v.  Cedar 
Falls , 18  Iowa  R, ; Clark  v.  Des  Moines , 19  id. ; 
Barrett  v.  Brooks , 19  id. 

County  Bridge  Fund. — The  city  of  Davenport  is 
equitably  entitled  to  its  share  of  the  county  bridge  fund 
levied  upon  all  of  the  taxable  property  of  the  county, 
as  well  upon  that  within  the  city  as  without  it.  (See 
case  last  cited  for  discussion  of  law  on  this  point). 

As  to  liability  for  defective  roads  and  bridges,  see 
Section  9 of  these  notes  and  cases  cited. 

Sewers. — Liability  as  to  sewers  for  injuries  by  being 
out  of  repair,  see  1 Allen,  11,  52. 

Injury  by  Cars. — City  not  liable  for  injury  caused 
by  cars  or  telegraph  posts  on  streets.  7 Gray,  121 ; 7 
Gray,  386. 

SECTION  7.— CITY  ORDERS  OR  WARRANTS. 

City  Warrants  not  Negotiable  Paper;  Quere — 
Can  City  Issue  Negotiable  Paper  ? — Without  express 
authority  a city  cannot  issue  warrants  which  have  all 
the  qualities  of  negotiable  paper  ; but  such  warrants  in 
whose  hands  soever  they  may  be,  are  open  to  any  de- 
fense the  city  may  have.  The  assignee  stands  in  the 
shoes  of  the  payee.  And  if  issued  by  the  officers  of  the 
city  without  authority,  or  by  the  city  for  an  illegal  ob- 
ject, they  are  not  binding  upon  the  city.  Clark  v.  Des 
Moines , 19  Iowa  Rep.,  where  this  subject  is  fully  con- 
sidered, and  see  authorities  there  cited. 


ADDITIONAL.  NOTES  TO  CITY  CHARTER. 


81 

If  the  city  of  Davenport  under  the  implied  power 
given  or  recognized  by  Sec.  12  Art.  8 of  its  charter,  has 
the  power  to  issue  negotiable  paper  it  would  recpiire  an 
express  order  of  the  Council. 

City  Warrants. — Auditing  accounts. — A city  has 
no  right  to  issue  warrants  for  a debt  at  the  rate  of  one 
dollar  in  warrants  for  every  seventy- five  cents  of  debt — 
such  warrants  would  be  usurious.  Clark  v.  City  of 
Des  Moines , 19  Iowa  Hep. 

How  far  the  action  of  Council  in  ordering  the  issue 
of  warrants  for  a greater  sum  than  is  due  will  bind  the 
corporation,  see  the  case  last  cited. 

City  Warrants. — Payment. — When  city  orders  are 
once  paid  they  are  absolutely  extinguished : if  again  put 
into  circulation  by  the  Treasurer  or  other  officer  they 
are  not  binding  upon  the  city,  not  even,  it  seems,  in 
hands  of  innocent  holders.  Chemung  Bank  v.  Super- 
visors, 5 Denio,  517 ; see  3 Comst.,  430 ; Clark  v.  I)es 
Moines , 19  Iowa  Pep. 

A city  issued  illegal  scrip  for  a legal  and  just  debt. 
It  issued  warrants  to  take  up  the  illegal  scrip.  Held 
that  the  latter  warrants  were  binding  upon  the  city. 
Clark  v.  City  of  Des  Moines , supra. 

Orders— special  fund. — When  a claim  on  the  fund 
named,  and  when  a claim  against  the  city,  see  Clark  v. 
Des  Moines , 19  Iowa  Pep. ; 4 Denio,  520 ; 23  Wend. 
458  ; 12  id.,  165. 


SECTION  S. -ORDINANCES. 

Ordinances — requisites  of  validity. — It  is  a general 
principle  of  law  that  all  ordinances  to  be  valid  must  be 
reasonable — must  be  consistent  with  the  laws  and  pub- 
lic policy  of  the  State,  and  must  not  be  unequal,  oppres- 
sive,  or  vexatious.  Whether  they  are  thus  reasonable 
and  valid  is  a question  solely  for  the  court.  People  v. 
Throop , 12  Wench,  183,  186;  5 Cow.,  462,  465;  10 
Ward,  100  ; 5 id.,  166,  168  ; 14  id.,  87  ; 3 Pick  46?  • 
11  ’ 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


82 

6 id.,  187 ; 1 Met.,  130,  135  ; 16  Pick.,  121,  125  ; 2 
( )usli.,  562,  575  ; 1 Green  (N.  J.),  196. 

Force  of  Ordinances. — When  valid  an  ordinance  is 
a law  and  has  the  same  force  as  if  passed  by  the  legis- 
lature itself.  5 Cow.,  538  ; 5 Abb.  Pr.  R.,  422.  But 
the  power  to  declare  invalid  is  to  be  “ cautiously  exer- 
cised ” by  the  courts.  5 Cush.,  438,  442. 

Ordinances — motion — resolution. — Where  charter 
is  silent  as  to  mode,  a determination  of  City  Council 
may  be  by  motion  or  resolution  as  well  as  by  ordinance. 
17  Ind.,  175  ; see  15  id.,  395  ; 13  B.  Mon.,  1. 

Ordinances — signing  of. — Signature  of  Mayor  to  or- 
dinances not  essential  to  their  validity,  unless  this  is 
expressly  made  an  essential  condition  to  their  legality  ; 
otherwise  the  provision  requiring  him  to  sign  them  is 
directory.  .Blanchard  v.  Bissell , 11  Ohio  St.  Rep.,  96. 

Ordinances  when  Judicially  Noticed. — Courts  will 
not  judicially  notice  ordinances  j they  should  be  set  out 
in  the  record,  (raven  v.  Wells ^ 8 Iowa  Rep.,  286.  But 
may  notice  charters  declared,  like  that  of  Davenport,  to 
be  public  acts.  Durham  v.  Daniels , 2 G.  Greene  R., 
518.  But  ordinances  maybe  noticed  judicially  by  the 
Mayor  or  city  courts.  Conboy  v.  Iowa  City,  2 Iowa 
Rep.,  90 ; State  v.  leiber , 11  id.,  407. 

Ordinances — no  extra  territorial  force. — The 
ordinances  of  a city  have  no  binding  force  beyond  the 
city  limits  ; but  persons  coming  within  the  city  limits 
come  under  the  operation  of  its  ordinances.  Gosselwh 
v.  Campbell , 4 Iowa  Rep.,  296. 

Resolution — Ordinance  Defined. — A resolution  is  a 
special  or  temporary  order  ; an  ordinance  prescribes  a 
permanent  rule  of  conduct  or  government.  Blanchard 
v.  Bissell , 11  Ohio  St.  R.,  96,  103,  per  Scott  J. 

Ordinances — Prosecutions. — Prosecutions  for  viola- 
tions of  ordinances  are  in  the  nature  of  criminal,  not 
civil,  proceedings.  11  N.  IT.,  106;  16  Pick.,  504;  3 
Pick.,  462 ; 1 Green  (N.  J.),  196,  200. 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


83 

Liability.— City  liable  for  negligence  of  its  officers, 
agents  and  workmen  in  the  process  of  executing  a cor- 
porate work.  36  hT.  II.,  295. 

Ordinances  — general  power  construed.  — What 
authority  is  conferred  by  the  general  power  to  pass 
“ordinances  for  the  well  being  of  the  city.”  38  FT.  II., 
426 ; 8 Fost.,  175  ; 2 McMullen,  (S.  C.)  233  ; 33  FT.  II., 
-121: ; 1 Cush.,  (Mass.)  493 ; 3 Fairf.,  (Me.)  403,  408; 
18  Ohio,  523;  37  Maine,  329  ; 42  Maine,  522. 

This  power  does  not  give  authority  to  pass  ordinances 
contravening  the  provisions  of  the  charter  or  the  laws 
of  the  State.  33  X.  11.,  424,  a valuable  case. 

“Huckster'1  defined.  Mays  v.  Cin.,  1 Ohio  St.  IF, 
268,  272. 

Ordinances — council  cannot  delegate  its  power. — 
The  Council  cannot  delegate  a discretion  or  power 
which  its  charter  provides  that  it  shall  exercise.  Thomp- 
son v.  Scherrnerhorn , 6 X.  \.  Rep.,  92.  But  the  Coun- 
cil may  ascertain  facts  through  the  medium  of  a com- 
mittee, and  may,  in  certain  cases,  empower  committee 
to  act,  as  where  it  is  directed  to  execute  the  will  of  the 
Council,  or  where  the  act  to  be  done  is  not  legislative  or 
discretionary  in  its  character.  24  How.,  287,  296. 
Council  may  refer  certain  matters  to  a committee.  45 
Maine,  241.  Power  of  committees  and  power  of  Coun- 
cil over  them.  2 Pick.,  345. 

Ordinances — must  not  conflict  with  general  law. 
— A city  may  consistently  with  general  law,  and  when 
within  the  scope  of  its  charter,  further  regulate  by  ordi- 
nance subjects  already  regulated  by  statute.  Huddle - 
son  v.  Rujjlin,  6 Ohio  St.  Pep.,  604,  606 ; Royers  v . 
Jones , 1 Wend.  237.  But  it  cannot  contravene  the 
general  policy  of  the  State,  and  punish  acts  which  the 
statutes  of  the  State  authorize.  See  on  this  general 
subject,  Canton  v.  Mist,  9 Ohio  St.,  439  (Sunday  law)  ; 
Thompson  v.  Mt.  Vernon , 11  id.,  688  (liquor  law); 
Marietta  v.  Rearing , 4 Ohio,  427  (stray  animals);  Col- 
lins v.  Hatch , 18  id.,  523  (cattle  at  large)  ; see  also  1 


84 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


E.  P.  Smith,  297  ; 14  Barb.,  425  ; 14  Ohio,  586  ; 9 Ohio, 
520  ; 10  id.,  192  ; 3 E.  I).  Smith,  156  ; 4 Hill,  209  ; 1 
Wend.,  287;  (compare  three  last  cases.)  As  to  neces- 
sity of  confor inability  of  ordinances  to  general  laws,  and 
discussion  of  duplicate  liability,  one  to  the  State  and 
one  to  the  city,  see  Ambrose  v.  The  State , 6 Ind.,  351 ; 
2 Dough,  322  ; 1 Bay,  (S.  C.)  382 ; 3 Penn.,  253 ; 37 
Maine,  329  (destruction  of  shade  trees) ; see  also,  1 
Cush.,  493  ; 10  Met.,  382. 

Power — ordinance — gambling — defense  to  ordin- 
ances.— City  without  special  authority  cannot  pass  ordi- 
nance to  punish  gambling  as  a misdemeanor.  Mount 
Pleasant  v.  Breeze , 11  Iowa  R.,  399.  See  ante  p.  39. 
It  is  no  defense  to  a prosecution  for  violating  the  ordi- 
nance of  a tie  facto  town  or  city  to  set  up  irregularities 
in  the  proceedings  by  which  it  was  incorporated.  De- 
corah  v.  Gillis , 10  Iowa  R.,  234  ; 1 Ohio  St.  Rep.,  126. 

Ordinances — clearing  of  snow.— City  has  power  to 
require  owner  or  occupant  of  building  bordering  on 
populous  streets  to  clear  the  snow  from  the  side-walks. 
Such  an  ordinance  is  reasonable  and  valid.  Goddard's 
case , 16  Pick.,  504;  14  Cray,  252  (as  to  respective  liabil- 
ity of  city  and  the  lot  owner  for  injuries  from  snow  and 
ice  on  sidewalk.) 

Dog  Ordinance. — A loose,  untied  dog,  though  the 
owner  be  near  by,  but  at  such  distance  that  such  control 
over  the  animal  could  not  be  exercised  as  would  prevent 
mischief,  was  decided  to  be  “ a dog  at  large."  10  Met., 
382  ; see  6 Cush.,  248  ; 14  Gray,  52. 

Ordinance — restraint  of  trade. — City  may  prohibit 
any  but  licensed  scavengers.  This  is  not  in  restraint  of 
trade.  6 Pick.,  187  ; 2 Cusli.,  562,  576. 

Licenses. — The  power  conferred  upon  the  city  to  re- 
quire and  exact  licenses  in  certain  cases  is  constitu- 
tional. 9 Pick.,  415  ; see  2 Cush.,  562. 

Ordinances — police  power. — Ordinances  under  po- 
lice power,  as  to  shutting  up  saloons,  tfcc.  4 Rli.  I., 
485  ; see  also  12  Maine,  403  ; 16  Pick.,  126. 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


85 

Ordinances — rapid  driving.  — City  may  prohibit 
rapid  driving  in  the  streets.  3 Pick.,  462  ; 2 Cnsli., 
562,  570.  Ante  p.  40,  city  charter. 

Ordinances — removal  of  buildings. — City  may  pass 
ordinances  regulating  the  removal  of  buildings  and  the 
temporary  use  of  the  street  for  that  purpose.  Day  v. 
Green , 4 Cusli.,  433,  437,  per  Siiaw,  C.  J. 

City  Cemeteries. — Power  of  Council  extends  only  to 
its  own  cemeteries,  except,  perhaps,  to  regulate  depth 
of  graves,  &c.,  in  other  cemeteries.  Bogart  v.  Indian- 
apolis, 13  Ind.,  134  ; law  of  burials,  4 Bradf.  (N.  Y.) 
R.,  503  ; 5 Cusli.,  408. 

City  may  prohibit  interments  within  its  limits.  16 
Pick.,  121 ; 7 Cow.,  585  ; 5 Cusli.,  408. 

Cars  Running  in  City. — As  to  power  to  regulate  the 
running  of  cars  in  city,  see  B.  B.  Co.  v.  Buffalo , 5 Hill 
1ST.  Y.,  209. 

Ordinances — hoistways. — City  may  require  hoist- 
ways inside  of  places  of  public  resort  as  stores.  15  N. 
Y.  Rep.,  502. 

Sidewalks. — A city  may  prohibit  the  appropriation 
of  sidewalks  to  private  uses.  Hence  may  forbid  sales 
by  individuals  at  auction  thereon.  White  v.  Kent , 1 1 
Ohio  St.  Rep.,  550. 

Arrest  of  offenders. — A city  may  authorize  arrests 
upon  view  for  violation  of  ordinances,  if  this  be  not 
contrary  to  the  general  law  or  policy  of  the  State. 
White  v.  Kent,  11  Ohio  St.  Rep.,  550  ; 12  id.,  127. 

He  facto  Council. — The  ordinances  of  a defacto 
Council  are  valid.  Scoville  v.  Cleveland , 1 Ohio  St.  R., 
126  ; 10  Iowa,  234.  Ante  p.  61. 

Ordinances — power  of  city. — City  cannot  interfere 
specially  to  make  that  valid  in  a particular  case  which 
its  ordinances  make  invalid.  Buss  v.  Mayor , cited  4 
Abb.  H.  Y.  Hg.,  161,  Sec.  52. 

Ordinances — repeal — vested  rights. — Until  private 
rights  have  vested,  a city  may  decline  to  go  on  with 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


86 

public  improvements,  and  may  repeal  ordinances  relating 
thereto.  State  v.  City  Clerk , dec.,  7 Ohio  St.  R.,  355, 
(water-works  ease);  20  Wend.,  618,  619,  and  cases 
cited  ; 1 Hill,  515 ; 18  Johns.,  506.  (See  ordinance  of 
city  of  Davenport  as  to  repeal  of  ordinances  granting 
special  privileges). 

Penalty  for  Violation  of  Ordinances. — City  can- 
not exceed,  directly  or  indirectly , the  limit  fixed  by  the 
charter.  12  Johns.  R.,  122  ; 9 Wend.,  571,  588,  606  ; Id 
id.,  87. 

Where  the  specific  punishment  is  fixed  by  the  char- 
ter, that  alone  can  be  inflicted.  1 Term.  R.,  118,  121; 
9 Wend.,  571,  588,  606. 

City  cannot  ordain  forfeiture  of  property  without 
express  authority  to  do  so.  9 Wend.,  571 ; 10  Ohio,  32. 
Ante  p.  10.  And  these  two  cases  hold  that  ordinances 
authorizing  the  forfeiture  and  sale  of  property  by  the 
Marshal  without  notice  and  without  opportunity  of  in- 
vestigation, were  void,  being  contrary  to  the  genius  of 
our  laws  and  institutions. 

Ordinances — void  in  part. — Ordinances  may  be  void 
in  part  and  good  in  part.  10  Met.,  382;  16  Pick.,  121, 
126;  2 Cush.,  562;  1 Gray,  1;  2 Gray,  81;  5 Gray,  182. 

Market  Ordinances. — 10  Wend.,  100;  5 Cow.,  162; 
8 Johns.,  118  ; Hill  A Denio’s  supp.,  116  ; id.,  211  ; 6 
Duer,  315  ; 23  Pick.,  71  ; 11  Pick.,  168  ; 9 Met.,  253. 

Power  to  establish  markets  authorizes  city  to  buy 
ground  on  which  to  erect  a market  building.  Ketchum 
v.  Buffalo,  11 1ST.  Y.,  356  ; 17  id.,  119  ; 28  Barb.,  65. 
Ante  p.  39. 

SECTION  9. — LIABILITIES  OF  CITY. 

City  not  Liable  for  Hon-action. — City  is  not  liable 
for  not  providing  sufficient  sewerage  to  drain  the  plain- 
tiff’s premises,  or  to  carry  away  surface  water ; and 
such  a case  is  to  be  distinguished  from  those  where  a 
private  injury  is  caused  by  suffering  a municipal  work 
to  remain  out  of  repair,  or  where  the  municipal  work  is 
of  itself  a positive  nuisance,  or  when  it  is  done  in  a 


ADDITIONAL  NOTES  TO  CITY  CHARTER.  gy 

careless  manner.  Mills  y.  Brooklyn , 32  Y.  Y.  Rep., 
489,  and  cases  cited  ; 1 Denio,  595  ; 27  Barb.,  218  ; 3 
Duer,  406  ; 3 Ilill,  612  ; 4 Ohio  St.  Rep.,  80.  See  also 
Flagg  v.  13  Gray,  601.  As  to  “ surface 

water  ” see  Livingston  v.  McDonald , 21  Iowa  Rep. 

Liability  for  Carelessness. — If  a city  leaves  its 
gutters,  culverts,  and  drains  in  a careless,  unfinished, 
and  negligent  condition,  so  as  to  cause  water  to  flow 
upon  and  injure  private  property  it  is  liable  for  the 
damages  thus  occasioned.  A city  is  liable  in  such  cases 
on  the  same  principles  that  private  persons  would  be  if 
they  were  doing  similar  work.  And  it  is  liable  as 
above  stated  for  the  acts  of  its  agents,  officers,  and  ser- 
vants  in  constructing  public  improvements,  where  these 
do  not  use  ordinary  care  and  prudence.  Wallace  v. 
Muscatine , 4 G.  Greene  R.,  373  (back  water) ; Cotes  cb 
Patchen  v.  City  of  Davenport , 9 Iowa  Rep.,  227 
(grading  case) ; Freeland  v.  Muscatine , 9 Iowa  Rep., 
461  (grading  case) ; Hanlon  v.  Keokuk , 7 Iowa,  488  ; 
Templin  v.  Iowa  City , 14  Iowa  Rep.,  60  ; Busch  v. 
Davenport , 6 Iowa  Rep.,  443.  Acite  p.  75. 

Liability  for  Public  Works. — City  is  not  liable 
when  it  uses  due  care  in  prosecuting  an  authorized 
public  improvement  or  work.  13  Gray,  193  ; 6 id.,  544  ; 
7 Gray,  223  ; 13  Gray,  601,  605.  But  due  care  must  be 
used,  or  city  is  liable.  6 Gray,  544  ; 13  Gray,  193,  605  ; 
7 Gray,  122;  3 Duer,  406;  1 Denio,  595. 

Liability  as  respects  its  own  Property. — City  can- 
not create  a nuisance  on  its  own  lands,  so  as  to  injure 
others  thereby.  3 Barb.,  254  ; 3 Duer,  406. 

In  management  of  their  lands  or  property,  a city  is 
liable  for  injuries  caused  thereby,  same  as  natural  per- 
sons. Id. ; 36  Y.  II.,  296 ; 3 Ilill,  541 ; 19  Pick.,  511 ; 
10  Ohio,  159  ; 3 Y.  Y.,  463 ; explained  18  Y.  Y.,  161, 
172 ; (see  notes  to  charter,  ante  p.  28). 

Liability  for  unsafe  Public  Buildings. — As  to  lia- 
bility of  city  for  injuries  resulting  from  unsafe  and 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


88- 

dangerous  condition  of  the  public  buildings  of  the  city, 
see  Commrs.  v.  Mighels , 7 Ohio  St.  R.,  109. 

City  not  liable  for  Riots  or  want  of  Ordinances, 
&c. — A city  is  not  liable  unless  there  is  an  express  pro- 
vision to  that  effect,  (and  in  the  charter  of  Davenport 
there  is  none)  for  losses  sustained  by  individuals  for  the 
riotous  destruction  of  property ; and  generally  it  may 
be  stated  for  losses  sustained  from  the  want  of  proper 
ordinances,  or  from  their  inefficient  enforcement. 

Western  College  v.  Cleveland , 12  Ohio  St.  R.,  375, 
379,  and  cases  cited  by  Gholson,  J. ; 1 Sandf.,  465  ; 11 
K Y.,  396;  9 1ST.  Y 456,  459;  11  K Y.,  392;  12 
Barb.,  161. 

Liability — Licenses. — City  not  liable  for  acts  or 
misconduct  of  a auctioneer,  tavern-keeper  or  other  per- 
son carrying  on  a private  business,  though  under  a 
municipal  license.  3 Pet.,  398. 

When  Liable  in  Trespass. — Is  the  city  liable  for 
the  trespasses  of  its  servants  and  agents.  The  authori- 
ties do  not  agree  ; see  Ilarvey  v.  Rochester , 35  Barb., 
177  ; compare  Leman  v.  Mayor , 5 Bosw.,  414  ; Howell 
v.  Buffalo , 15  N.  Y.,  512;  21  How.  (U.  S.),  202;  17  N. 
Y.,  383,  386;  16  K Y.,  158,  161 ; 8 Barb.,  645 ; 17  K 
Y.,  104;  11  M.  Y.,  392;  12  Barb.,  161.  See  particu- 
larly, 1 Allen,  417  ; 4 id.,  41,  52;  32  N.  II. , 435  ; 34 
id.,  306,  312;  7 Gray,  464;  19  Pick.,  511;  4 Gray,  465. 

When  license  fees  and  taxes  illegally  paid  may  be 
recovered  back.  Baker  v.  Gin.,  11  Ohio  St.  Rep.,  534 ; 
3 Watts,  327,  328  ; 4 Met.  (Mass.),  181,  188  ; 5 Gillm., 
513  ; 10  Pet.,  150 ; 9 Cow.,  674 ; 4 Gill  (Md.),  425 ; 31 
Pa.  St.  Rep.,  73. 

Liability  for  defective  Bridges  and  Streets. — 
In  Rusch  v.  City  of  Davenport , (6  Iowa,  443,)  the  Su- 
preme Court  decided, 

1.  That  the  city  was  liable  for  an  injury  resulting 
from  the  defective  condition  of  its  bridges  and  streets. 
(The  cause  of  the  injury  in  this  case  was  a defective 
bridge  or  crossing  over  a gutter). 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


89 

2.  That  while  the  city  might  not  be  obliged  to  make 
a bridge  or  crossing  for  the  whole  width  of  the  street, 
yet  if  it  does  so  it  is  its  duty  to  keep  it  in  a suitable  con- 
dition for  crossing  upon  any  and  every  part  of  it ; and 
if  it  fails  to  do  so,  and  an  injury  happens,  the  city  is 
liable,  if  the  person  suffering  the  injury  used  due  care 
to  prevent  it.  See  also  Harden  v.  Keokuk,  T 1owa  Rep., 
488. 

As  to  liability  of  city  for  injuries  caused  by  defect- 
ive BRIDGES,  SIDEWALKS,  AND  HIGHWAYS,  See  following 
leading  cases : 

Weightman  v.  Washington , 1 Black  (U.  S.),  39;  2 id., 
590,  408;  Erie  v.  Swingle , 22  Ra.  R.,  384;  Storrs  v. 
Utica , IT  hT.  Y.  R.,  104;  16  id.,  159;  Browning  v. 
Springfield,  IT  111.,  143  ; 1 Seld.,  369  ; Wilson  v.  Mayor , 
1 Denio,  595 ; 5 Sandf.,  289 ; Smoot  v.  The  Mayor , 24 
Ala.,  112 ; Dayton  v.  Pease , 4 Ohio  St.  Rep.,  80 ; 32 
Barb.,  634;  3T  id.,  292;  36  id.,  226;  3 Cush.,  1T4 ; 4 
Cush.,  2TT;  3 Hill,  612;  5 Seld.,  168;  id.,  458;  6 
Cush.,  141;  3 Comst.,  464;  11  K Y.,  393;  T Gray, 
421;  8IY,  222;  11  K Y.,  432;  10  Cush., '260;  5 
Ohio  St.,  38 ; 2 E.  I).  Smith,  254 ; 3 Cush.,  121,  (im- 
portant case) ; 2 Ilill,  TT,  (sidewalk) ; id.,  461 ; 5 Duer, 
6T4  ; 3 Comst.,  463,  (insufficient  culvert) ; 9 H.  Y.,  163, 
(important  case) ; 36  Barb.,  226,  (sidewalk) ; 32  id.,  634, 
(sidewalk). 

As  to  necessity  of  notice  to  city  of  unsafe  condition 
of  streets,  see  9 H.  Y.,  456 ; 5 Duer,  6T4 ; 35  JST.  H., 
52;  id.,  T4  ; 13  Pick.,  94  ; 16  Pick.,  541.  Remedy  over 
by  city,  see  T H.  Y.,  493  ; 1 Seld.,  48 ; IT  H.  Y.,  104 ; 

5 Duer,  6T4;  4 Cush,  279;  14  Gray,  249;  11  Cush., 
299  ; 2 Black  (U.  S.),  418,  (leading  case). 

Owner  of  building  liable  for  injuries  sustained  by 
defective  grates,  openings,  Ac.,  in  sidewalks.  Con- 
greve v.  Smith , 18  H.  Y.,  T9  ; id.,  84  ; 23  Wend.,  446  ; 
4 Cush.,  2TT ; 14  Gray,  249  ; 11  Cusli.,  299. 

Width  to  be  kept  safe.  3 Cush.,  1T6  ; 6 Iowa,  443  ; 

6 Cush.,  524. 

City  held  liable  for  an  injury  done  to  a person  by  the 


ADDITIONAL  NOTES  TO  CITY  CHARTER, 


00 

fall  of  a projecting  awning — 13  Met.,  292  ; but  not  for 
snow  falling  from  projecting  roof  of  a building.  13 
Gray,  59. 

Sidewalks — Injuries  by  snow  and  ice  upon,  17  How. 
(IT.  S.),  161. 

Who  Liable. — As  to  immediate  and  ultimate  respon- 
sibility of  railroad,  canal,  and  turnpike  company,  and 
of  city,  with,  respect  to  bridges  built  within  city,  see  5 
Ind.,  286  ; Barrett  v.  Brooks , 20  Iowa  Pep. ; 23  Pick., 
21;  1 Cusli.,  275  ; Mullion  v.  Blackhawk  Co .,  21  Iowa  P. 

Author  of  nuisance  on  street  is  primarily  and  ulti- 
mately responsible.  12  Ind.,  515;  10  id.,  181,  (obstruc- 
tion by  building  materials) ; 32  U.  II.,  59,  and  cases  ; 
also  31  K II.,  179  ; 1 Cusli.,  275  ; 23  Pick.,  21. 

Use  of  County  Jail  by  City. — City  liable  to  county 
for  support  of  city’s  prisoners  in  county  jail.  38  FT.  II., 
21 ; 10  Fost.,  299. 

Liability — Paupers. — The  city  of  Davenport  is  not 
liable  for  the  support  of  paupers — the  charter  not  so 
providing.  12  Mass.,  333  ; 11  id.,  396;  28  Maine,  255. 

Power  of  City  respecting  IIorse  Pailways. — On 
the  7th  day  of  July,  1866,  at  a meeting  of  the  citizens 
of  Davenport,  held  with  reference  to  the  above  subject, 
Judge  Dillon,  chairman,  appointed  a committee  of 
legal  gentlemen  impartially  to  examine  the  matter  in 
its  legal  bearings.  The  following  report  is  believed 
correctly  to  state  the  law  on  this  subject,  and  is  here 
inserted  in  order  that  it  may  be  preserved  for  the  infor- 
mation of  the  Council  when  they  shall  come  to  act,  (as 
before  long  they  will  doubtless  be  called  upon  to  do), 
upon  the  subject  or  horse  railways. 

REPORT  OF  COMMITTEE. 

At  a meeting  of  citizens  of  the  city  of  Davenport, 
held  on  Saturday  evening  last,  (July  7th),  the  under- 
signed were  appointed  a committee  to  examine  and 
report  upon  the  question  whether  the  City  Council  has 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


91 

the  legal  power  to  grant  to  a company,  organized  for 
that  purpose,  the  right  to  construct  and  operate  through 
the  streets  of  the  city  a horse  or  street  railway. 

We  assume  that  any  company  or  association  proposing 
to  engage  in  the  enterprise  in  question,  would  incorpo- 
rate itself  under  the  general  law  of  the  State,  in  the 
same  manner  as  other  railway  companies,  (the  Missis- 
sippi and  Missouri  for  example,)  have  done,  and. would 
thereby  acquire  all  the  rights  and  powers  conferred  by 
law  upon  railway  corporations  in  general.  Upon  this 
assumption,  we  are  of  opinion  that  the  question  whether 
the  City  Council  has  power  to  grant  permission  to  such 
corporation  to  lay  its  tracks  and  run  its  cars  through  a 
street  of  the  city,  is  settled  in  the  affirmative,  by  the 
decisions  of  the  Supreme  Court  of  this  State  in  the  cases 
of  Milburne  v.  The  City  of  Cedar  llajpids , et  al .,  and 
.Hughs  v.  M <&  MB.  It.  Co .,  et  al.  reported  in  12th  vol. 
of  Iowa  Reports,  pages  216,  261.  This  last  named  case 
is  particularly  in  point,  as  it  originated  in  this  city,  and 
relates  to  rights  which  may  be  conferred  on  a railroad 
company  in  the  streets.  In  these  cases  it  was  held  by 
the  Court : 

1.  That  the  title,  or  fee  simple,  in  the  streets  of  the 
city  is  vested  in  the  city  corporation  and  not  in  the 
owners  of  lots  fronting  on  the  street,  subject  only  to 
the  public  use  for  a street,  and  that  hence  such  owners 
can  not  complain  of  a laying  of  a railroad  through  the 
street,  as  an  appropriation  of  their  property  to  public 
use,  without  compensation. 

2.  That  the  Legislature  has  conferred  upon  railroad 
companies  (by  the  8tli  and  9th  sections  of  “ an  act 
granting  to  railroad  companies  the  right  of  way laws 
of  1858,  p.  53)  the  right  to  construct  their  roads  over 
and  upon  the  streets  of  cities,  the  consent  of  the  City 
Council  being  first  obtained  ; and  railroads  constructed 
upon  streets,  under  such  authority,  cannot  be  considered 
as  public  nuisances. 

It  is  true  that  these  decisions  were  not  made  directly 
with  reference  to  horse  or  city  railroads.  But  we  are 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


92 

of  opinion  that,  so  far  as  tlie  present  question  is  con- 
cerned, no  distinction  unfavorable  to  such  roads  can  be 
taken  between  them,  and  railroads  of  a different  kind, 
connecting  distant  places  and  operated  by  steam.  If 
any  difference  exists,  the  right  of  the  Council  to  author- 
ize the  construction  of  a city  or  horse  railroad  through 
the  city  streets,  would  seem  to  be  clearer  than  their 
power  to  confer  the  same  privileges  on  a railroad  of  the 
other  class,  inasmuch  as  the  former  is  intended  and 
used  for  purposes  strictly  municipal,  and  interferes 
much  less  with  the  ordinary  use  of  the  streets  by 
vehicles  and  passengers. 

It  will  be  observed  that  by  the  decisions  referred  to 
the  power  which  the  railroad  company  acquires  to  con- 
struct its  road  over  the  street,  is  derived,  not  from  the 
City  Council,  but  from  the  State  Legislature.  The 
assent  of  the  Council  is,  it  is  true,  required  as  a condi- 
tion ; but  the  power  to  use  the  street  for  the  purposes 
of  the  railroad,  is  not  given  or  created  by  that  assent, 
but  by  the  legislative  act.  It  follows,  we  think,  that 
the  assent  being  once  given  and  the  company  having 
acted  on  it  and  constructed  their  road,  it  could  not  be 
rovoked  except  in  pursuance  of  terms  and  conditions 
imposed  by  the  Council  at  the  time  of  granting  it. 
The  right  of  the  company  would  then  rest  upon  the 
same  foundation  as  though  it  had  been  directly  granted 
by  the  legislature  without  requiring  any  assent  by  the 
Council. 

We  have  not  overlooked  the  decisions  of  the  Hew 
York  Court  of  Appeals  in  the  well  known  “ Broadway 
Railroad  case,”  {Davis  v.  The  Mayor,  dec.,  14  Hew 
York,  506 ; Milhan  v.  Sharp,  27  H.  Y.,  611,)  in  which 
it  was  held  that  the  corporate  authorities  of  Hew  York 
City  have  no  power  to  grant  to  private  individuals  an 
exclusive,  irrevocable  and  perpetual  right  to  construct 
and  operate  a railroad  in  the  streets  of  the  city  for  their 
own  profit.  We  have  given  these  cases  a careful  exam- 
ination and  are  of  opinion  that  the  decisions  therein 
are  inapplicable  to  the  case  we  are  now  considering,  for 


ADDITIONAL  NOTES  TO  CITY  CHARTER.  go 

tlie  reason  that  the  association  of  individuals  to  whom 
the  grant  was  then  made,  was  a mere  private  partner- 
ship, having  no  corporate  rights  or  powers  whatever, 
and  that  the  validity  of  the  grant  depended  wholly  on 
the  action  of  the  Common  Council  of  the  city,  having 
no  vestige  of  legislative  support.  Under  these  circum- 
stances it  was  held  that  the  city  could  not,  without 
authority  from  the  legislature,  thus  abdicate  in  favor  of 
private  persons  their  control  and  authority  over  the 
streets.  But  there  was  no  intimation  in  the  opinions 
of  the  court,  that  the  legislature  could  not  confer  the 
powers  which  it  was  held  the  city  government  could 
not,  unaided,  grant.  On  the  other  hand,  it  was  held 
by  the  same  court,  in  The  People  v.  Kerr , 27  U.  Y., 
188,  that  the  legislature  could  authorize  a railroad  cor- 
poration to  construct  its  roads  through  the  streets  of 
Hew  York  City  without  the  consent  of  the  city  author- 
ities, and  without  compensation  either  to  the  city  or 
the  owners  of  lots  on  the  streets  ; the  title  to  the  streets 
being  in  the  city  in  trust  for  the  public.  As  above 
shown  in  the  case  referred  to  us,  the  power  will  be  de- 
rived from  the  legislature  and  not  from  the  city. 

All  of  which  is  respectfully  submitted. 

JJSTO.  IST.  ROGERS,  ) 

GEO.  P.  WHITCOMB,  V Com. 
A.  H.  BENNETT, 

July  11th,  1866. 

Reserved  Landing. — The  following  are  from  the  city 
records  : 

“ Council  Chamber,  June,  1816. 

Council  convened  agreeably  to  a call  from  the  Mayor, 
for  the  purpose  of  giving  or  granting  the  right  of  said 
corporation  to  a certain  piece  of  ground  within  the 
limits  of  said  town,  on  the  Mississippi  River. 

Present— Thorington,  Mayor ; Aldermen  Whiting, 
Miller,  Morton,  Alvord,  McCloskey. 

The  Clerk  of  the  corporation  being  absent,  on  motion, 
W.  P.  Campbell  was  chosen  Clerk  pro  tem.  Thereupon 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


94 

the  following  was  presented  and  unanimously  passed, 
to- wit : 

Whereas,  Antoine  Le  Claire,  at  the  time  of  the  lay- 
ing out  into  town  lots  of  his  second  addition  to  the  town 
of  Davenjiort,  as  recorded  in  the  Recorder’s  office  of 
the  county  of  Scott,  left  out  two  certain  lots  of  ground 
on  the  south  side  of  Front  street,  in  front  of  blocks 
number  sixty-one  and  sixty-two,  in  said  town,  marked 
on  the  plat  of  said  town,  “Reserved  Landing;  and 
whereas,  Ambrose  C.  Fulton,  of'  said  town,  by  the  con- 
sent of  said  Le  Claire,  proposes  to  erect  upon  a portion 
of  one  of  said  lots  a steam  mill;  and  whereas,  also, 
some  doubts  have  been  expressed  as  to  the  rights  of  said 
Le  Claire  and  the  corporation  of  the  town  of  Davenport 
in  and  to  said  lots ; and  now,  therefore,  for  the  purpose 
of  removing  all  doubts  upon  the  subject, 

Be  it  ordained  by  the  Mayor  and  Aldermen  of  the 
town  of  Davenport , That  in  consideration  of  the  prem- 
ises, and  that  the  said  Fulton  erect  a mill  thereon,  as  at 
present  contemplated,  all  right,  title,  interest,  and  claim 
of  the  said  corporation  in  and  to  the  following  described 
portion  of  the  said  tract  of  land,  to- wit ; beginning  at  the 
south-east  corner  of  said  tract,  in  front  of  block  sixty-one, 
at  the  corner  of  Front  and  Perry  streets,  in  said  town ; 
thence  west  on  Front  street  one  hundred  and  twenty-eight 
feet ; thence  south  to  the  Mississippi  River  at  low  water 
mark ; thence  eastwardly  along  the  bank  of  said  Missis- 
sippi River  to  Perry  street ; thence  north  to  the  place  of 
beginning,  be  and  the  same  is  hereby  released  and  dis- 
charged to  the  said  Antoine  Le  Claire,  and  also  all  right 
and  claim  that  the  said  corporation  may  have  to  con- 
trol the  property,  or  the  use  of  any  part  thereof,  fur- 
ther than  the  rights  that  said  corporation  have  over 
other  private  property  within  the  limits  of  said  corpora- 
tion. 

On  motion,  Council  adjourned. 

Attest : JAMES  TIIORINGTOFT,  Mayor. 

W.  P.  Campbell,  Clerk  pro  tern .” 


ADDITIONAL  NOTES  TO  CITY  CHARTED. 


95 


“ Council  Chamber,  June  25,  1S47. 

Council  met.  Present — James  M.  Bowling,  Mayor. 

A petition,  signed  by  eighty-five  citizens  of  the  town, 
was  presented  by  J.  L.  Davies,  praying  a discharge  by 
said  town,  to  A.  C.  Fulton,  of  all  the  riglit  of  said  town 
to  a certain  portion  of  the  u Reserved  Landing  ” in  the 
same,  and  on  motion  of  D.  C.  Eldridge  the  following 
was  presented  and  unanimously  adopted : 

Whereas,  Antoine  Le  Claire,  at  the  time  of  laying 
out  into  town  lots  of  his  second  addition  to  the  town  of 
Davenport,  as  recorded  in  the  Recorder’s  office,  in  the 
county  of  Scott,  left  two  certain  lots  of  ground  on  the 
south  side  of  Front  street,  in  front  of  blocks  number 
sixty-one  (61)  and  sixty-two  marked  on  the  plat  or  map 
of  said  towm  “ Reserved  Landing  And  whereas , Am- 
brose C.  Fulton,  of  said  town,  proposes  to  erect  upon 
one  of  said  lots  a steam  mill ; And  whereas , also,  some 
doubts  have  been  expressed  as  to  the  rights  of  said  cor- 
poration and  Antoine  Le  Claire  in  or  to  the  lots,  or 
some  certain  interest  in,  or  use  thereof ; noio,  therefore , 
to  remove  all  doubts  upon  the  subject,  as  the  said  Ful- 
ton holds  a bond  from  the  said  Le  Claire  for  the  con- 
veyance to  said  Fulton  *of  all  his  right  to  said  piece  of 
ground. 

Be  it  ordained  and  resolved  by  the  Mayor  and  Alder - 
men  of  the  town  of  Davenport,  That  in  consideration  of 
the  premises,  and  that  the  said  Fulton  shall  build  and 
erect  a mill  thereon,  agreeably  to  the  conditions  of  the 
bond  entered  into  between  said  Le  Claire  and  Fulton, 
all  right,  title,  interest  and  claim  of  the  said  corporation 
in  and  to  the  following  described  portion  of  the  said 
tracts  of  land,  to-wit : 

Beginning  on  Front  street,  eighty  (80)  feet  south  of 
the  south-east  corner  of  block  number  sixty-one  (61) ; 
thence  east  on  and  along  the  south  side  of  Front  street 
one  hundred  and  ninety-two  (192)  feet  to  the  property 
conveyed  to  Burrows  & Prettyman  by  said  Fulton ; 
thence  south  to  the  Mississippi  River  at  low  water 


ADDITIONAL  NOTES  TO  CITY  CHARTER. 


96 

mark  ; tlience  westwardly  on  and  along  the  bank  of  said 
river  at  low  water  mark  to  a point  due  south  of  the 
place  of  beginning,  and  to  the  east  line  of  Brady  street ; 
thence  north  on  and  along  the  east  side  of  Brady  street 
to  the  place  of  beginning,  being  all  that  portion  of  land 
marked  “ Reserved  Landing  ” on  the  recorded  map  or 
plat  of  said  town  of  Davenport,  lying  in  front  of  lots 
number  one  (1),  two  (2),  and  three  (3),  in  block  number 
sixty-one  (61),  be  and  the  same  is  hereby  released  and 
discharged  to  the  said  Ambrose  C.  Fulton ; and  also, 
all  right  and  claim  that  the  said  corporation  may  have 
in  the  same,  or  be  entitled  to,  or  any  right  it  may  have 
to  control  the  said  property,  or  the  use  thereof,  or  any 
part  thereof,  further  than  the  right  said  corporation  may 
have  over  other  private  property  within  the  limits  of 
said  corporation. 

JAMES  M.  BOWLING,  Mayor. 
James  Tiiorington,  Clerk.” 

Seal  of  City. — The  early  seals  of  the  city  are  shown 
by  the  following  extracts  from  city  records  : 

May  4,  1839. — “ Resolved , That  the  temporary  seal 
of  the  said  Council  (of  the  town  of  Davenport)  be  an 
American  eagle  of  a twenty-five  cent  piece.” 

Nov.  30,  1839. — The  temporary  seal  was  changed  “to 
an  American  eagle  of  a ten  cent  piece.” 

June  29,  1844. — Seal  changed  to  half  dollar  Ameri- 
can coin,  having  on  it  the  goddess  of  liberty. 


ORDINANCES 


OF  THE 

CITY  OF  DAVENPORT. 


State  of  Iowa,  City  of  Davenport, } 

Year  One  Thousand  Eight  Hundred  and  Sixty-sis.  ) 


AN  ACT  for  Revising  and  Consolidating  the  Ordi- 
nances of  the  City  of  Davenport. 

Whereas,  It  is  expedient  tliat  the  ordinances  of  the  Preamble, 
city  he  revised,  consolidated,  and  properly  arranged ; 
therefore 

Be  it  enacted  by  the  City  Council  of  the  city  of  Da- 
venport., as  follows  : 

CHAPTER  I. 

Extension  of  the  Corporation  Limits. 

Section  1.  That  Antoine  Le  Claire’s  Second  Addi-  Leciaire’s  2d 
tion  be,  and  the  same  is  hereby  annexed  to  the  original 
town  of  Davenport,  and  that  it  shall  hereafter  form  a 
portion  of  the  same. 

Passed  and  approved  Nfovember  30tli,  1839. 

[Note. — This  addition,  as  well  as  other  additions,  are  also  embraced  in  the 
chartered  limits  of  the  city.  See  city  charter,  Art.  1,  Sec.  2.  Ante  p.  26  ] 


CHAPTER  II. 

AN  ORDINANCE  to  prohibit  Auctions  and  Sales  of 
Fruit , etc.,  on  the  streets. 

Section  1.  Ho  person  shall  hold  a public  auction  in^"°^n  for- 


CITY  ORDINANCES. 


[CHAPS.  3, 4. 


Sales  of  fruit. 


Penalty. 


Alleys  and 
lanes. 


Assessment. 


98 

the  streets  of  the  city  of  Davenport,  without  a special 
written  permit  from  the  Mayor. 

Sec.  2.  No  person  shall  he  permitted  to  hold  regular 
sales  of  apples,  or  other  fruit,  or  any  article  of  mer- 
chandize, at  any  corner  of,  or  at  any  place  on  the  pub- 
lic streets  or  highways,  so  as  in  any  manner  to  incom- 
mode the  citizens  of  said  city,  or  any  traveller  passing 
along  said  streets. 

Sec.  3.  Any  person  violating  any  provision  of  this 
ordinance  shall,  upon  conviction  thereof,  pay  a fine  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

Passed  and  approved  December  27,  1854. 

[Note.— Such  ordinances  as  this  are  valid.  Ante  p.  85.] 


CHAPTER  III. 

AN  ORDINANCE  declaring  Alleys  to  be  Public 
Highways. 

Section  1.  All  alleys  or  lanes  that  have  been,  or 
may  hereafter  be  laid  out  in  any  part  of  said  city  for 
the  purpose  of  accommodating  persons  other  than  the 
owner  of  the  land  on  which  they  are  or  may  be  laid, 
are  hereby  declared  public  highways. 

Passed  and  approved  November  8,  1854. 


CHAPTER  1Y. 

ARTICLE  1. 

AN  ORDINANCE  for  Raising  Revenue  A 

Section  1.  It  shall  be  the  duty  of  the  City  Assessor 
on  the  second  Monday  of  April  in  each  year,  to  take  an 


* City  Assessor  made  Deputy  Collector.  See  Chap.  18,  Art.  2. 


CHAP.  4.] 


RAISING  REVENUE. 


99 

assessment  of  all  tlie  real  and  personal  property  within 
said  city,  which  is  subject  to  taxation  for  county  pur- 
poses, and  shall  make  out  and  return  to  the  Clerk  of 
said  city,  an  assessment  list  of  all  such  property  by  the 
first  day  of  June  in  each  year. 

Sec.  2.  At  the  first  meeting  of  the  City  Council  Levy  of  tax. 
after  said  return,  and  after  said  assessment  roll  shall 
have  been  corrected  and  equalized  according  to  law,  the 
City  Council  shall  levy  a tax  for  ordinary  purposes  not 
to  exceed  five  mills  on  the  dollar  of  the  real  and  per-Kate* 
sonal  property  subject  to  taxation  in  said  city ; and  fur- 
ther for  road  purposes,  to  levy  a tax  not  to  exceed  three 
mills  on  the  dollar  on  all  property  liable  to  road  tax 
within  said  city. 

Sec.  3.  The  tax  so  levied  shall  be  a lien  upon  the  Lieu, 
real  estate  upon  which  it  is  levied  from  and  after  the 
first  day  of  March,  and  persons  purchasing  are  bound 
to  take  notice  thereof. 

Sec.  f.  The  Marshal  of  said  city  shall  have  power,  omitted  pror- 
and it  is  hereby  made  his  duty,  to  place  upon  the  assess- trty’ 
ment  roll  all  real  and  personal  property  which  has  been 
omitted  by  the  Assessor,  and  levy  and  collect  the  tax 
thereon  in  the  same  manner  and  with  the  same  effect  as 
if  the  same  had  been  listed  by  the  City  Assessor.* 

Sec.  5.  It  shall  be  the  duty  of  the  Clerk  of  said  Assessment  list 
city,  immediately  after  receiving  the  assessment  list,  as  and  warrant- 
hereinbefore  provided,  to  make  out  and  deliver  to  the 
Marshal  of  said  city,  a duplicate  of  said  assessment, 
together  with  a warrant  for  the  collection  of  the  taxes 
so  asssessed,  which  shall  be  signed  by  the  Mayor  and 
Clerk,  and  sealed  with  the  common  seal  of  said  city. 

Sec.  6.  The  real  estate  subject  to  taxation  in  said  LiBtlng> 
city,  which  is  not  listed  by  the  owner  or  agent,  shall  be 
listed  and  assessed  as  unknown. 

Sec.  7.  The  poll  tax  of  this  city  shall  be  worked  roll  (1  Hx 


*This  provision  is  modified  by  Section  10  of  Article  2 of  this  Chapter,  which, 
being  the  latest  ordinance,  governs. 


[CHAP.  4. 


|QQ  CITY  ORDINANCES. 

out  under  the  direction  of  the  Street  Commissioner  in 
such  manner  as  the  City  Council  may  from  time  to  time 
provide. 

Passed  and  approved,  April  18,  1855. 

ARTICLE  2. 


AN  ORDINANCE  providing  for  the  collection  of  the 
City  Revenue. 

collector’s  oath  Sec.  1.  Before  entering  on  the  duties  of  his  office, 
and  bond.  the  Collector  shall  take  the  oath  of  office  required  by 
law,  and  execute  and  deliver  to  the  City  Clerk  a bond 
with  two  or  more  sureties,  to  be  approved  by  the  City 
Council,  in  a penalty  to  be  prescribed  by  the  City  Coun- 
cil. Said  bond  shall  be  hied  in  the  City  Treasurer’s 
office.* 

what  to  collect.  Sec.  2.  The  Collector  of  the  City  of  Davenport  shall 
collect  and  receive  the  entire  city  revenue  from  all 
sources,  viz  : the  ordinary  and  any  specific  taxes,  levied 
annually  by  the  City  Council,  the  proceeds  from  rents 
and  leases  of  public  grounds  and  public  buildings  (ex- 
cept the  proceeds  from  the  sale  of  lots  in  the  public 
cemetery),  from  market  stalls  or  from  any  other  prem- 
ises or  out  of  any  other  sources  from  which  revenue  may 
be  derived — and  he  shall  collect  the  same  in  such  a 
manner  as  prescribed  in  this  ordinance,  f 

game  Sec.  3.  The  Collector  shall  collect  and  receive  all 

moneys  belonging  to  the  city  in  the  possession  of  the 
Mayor,  the  Police  Magistrate,  the  City  Clerk,  and  all 
other  officers  of  the  city,  except  the  City  Treasurer,  every 
Saturday,  and  give  a receipt  to  each  respectively  there- 
for, and  it  shall  be  the  duty  of  all  the  officers  named  in 
this  section,  to  pay  over  said  money  to  the  Collector  as 
Receipts.  aforesaid,  and  take  said  receipt  in  a receipt  book,  to  be 
provided  by  each  for  himself,  and  to  be  delivered  over 


*Clerk’s  duty  with  respect  to  bond,  see  Chap.  13,  Art.  3. 
tSee  later  ordinance,  Chap.  13,  Art.  3. 


COLLECTION  OE  CITY  REVENUE. 


CIIAP.  4 ] 


101 


to  the  City  Council  at  the  expiration  of  their  several 
terms  of  office,  for  the  use  of  the  city. 

Sec.  4.  The  City  Clerk  shall  on  the  first  regular  Duty  of  cierk. 
meeting  of  the  City  Council  in  December  of  each  year, 
make  out  and  report  to  the  City  Council  a list  of  all 
persons  to  whom  public  grounds,  public  buildings,  mar- 
ket stalls,  or  any  other  premises,  rights  or  purchases 
belonging  to  or  under  the  control  of  the  city,  are  rented 
or  leased,  properly  describing  the  same,  together  with 
the  amount  of  money  due  the  city  from  said  premises, 
the  name  of  the  person  or  persons  from  whom  due,  the 
time  when  due  for  collection,  and  the  time  at  which  the 
contracts  expire,  each  respectively.  Said  list  shall  be 
handed  over  to  the  Collector  on  the  first  meeting  of  the 
City  Council  in  January  of  each  year,  and  he  shall  pro- collector’s  duty 
ceed  forthwith  to  collect  the  amounts  specified  in  the 
said  list  as  the  same  become  due,  give  receipts  for  the 
payment  thereof,  and  deposit  the  money  in  the  City 
Treasury,  and  report  to  the  City  Council  thereon,  as 
provided  in  section  number  eight  (8)  of  this  ordinance. 

Sec.  5.  The  Collector  and  all  officers  named  in  sec-  city  officers 

when  to  settle. 

tion  number  three  (3)  of  this  ordinance  shall  report  to 
and  settle  through  the  Finance  Committee  with  the 
City  Council  at  their  first  meeting  in  each  month,  and 
the  Collector’s  receipts  from  the  Treasurer  and  the  re- 
ceipts of  the  other  officers  named  in  section  number 
three  (3)  of  this  ordinance  from  the  Collector,  shall  be 
received  by  the  Council  in  said  settlement  as  evidence 
of  the  amount  paid  by  them  respectively.* 

Sec.  (1  The  City  Treasurer  shall  receive  no  money  Treasurer’s 

. i m duty  settle- 

belongmg  to  the  city  from  any  officer,  except  from  the  ment. 
Collector  and  except  as  is  provided  by  ordinance  to  be 
paid  to  him,  and  except  the  money  on  the  redemption 
of  property  sold  for  delinquent  taxes  as  provided  in 


* As  to  duty  of  city  officers  in  making  settlements,  & c.,  see  ordinance  March 
1, 1865,  (Chap.  13,  Art.  3). 

This  last  named  ordinance  (Chap.  13,  Art.  3)  is  the  one  which  specially  governs 
' the  mode  of  collecting  the  revenues  and  keeping  the  accounts  of  the  city. 


CITY  ORDINANCES. 


[CHAP.  4. 


102 


section  twenty-four  of  this  ordinance.  The  Treasurer 
shall  keep  an  accurate  account,  item  by  item,  of  all  the 
money  received  and  paid  out  by  him,  in  a book  to  be 
kept  by  him  expressly  for  that  purpose,  and  report  at 
the  first  Council  meeting  in  each  month  the  state  of  the 
treasury  and  the  liabilities  of  the  city,  and  at  the  expi- 
ration of  his  term  of  office  he  shall  settle  with  the  City 
Council  and  deliver  over  all  books  and  papers  connected 
with  city  business  and  his  office  as  Treasurer  to  the 
City  Council. 

What  books  Sec.  7.  All  the  officers  named  in  section  number 
three  (3)  of  this  ordinance,  together  with  the  Collector, 
shall  keep  a book,  each  for  himself,  in  which  they  shall 
enter  daily,  item  by  item,  amounts  of  all  moneys  re- 
ceived and  paid  out,  which  book,  together  with  the 
Treasurer’s  book,  shall  be  open  for  inspection  at  any 
reasonable  time  by  any  person  who  may  desire  it,  and 
shall  be  delivered  to  the  City  Council  at  the  final  set- 
tlement with  said  officers,  for  the  use  of  the  city. 

Collector  when  Sec.  8.  The  Collector  shall  pay  into  the  City  Treas- 

o pay  ury  all  moneys  collected  by  him  as  fast  as  collected, 
and  at  least  as  often  as  every  Monday,  in  the  like  funds 
collected  by  him.  lie  shall  report  the  amount  of  such 
collections  at  the  ensuing  meeting  of  the  City  Council 
after  making  such  deposit,  with  the  Treasurer’s  receipts. 
All  moneys  deposited  by  the  Collector  shall  be  credited 
to  him  by  the  Treasurer. 


How  to  collect  ®E0,  The  Collector,  011  tlie  receipt  of  the  duly 
taxes.  executed  tax  warrant,  shall  forthwith  proceed  to  collect 

the  taxes  therein  charged,  and  complete  the  collection 
of  the  same  as  far  as  he  can,  and  settle  with  the  City 
Council  by  the  first  day  of  October  in  each  year.  The 
Demand  and  Collector  shall  make  personal  demand  of  every  resident 
charged  with  tax,  if  he  be  found  within  the  city,  or 
leave  a written  notice  of  the  amount  of  tax  at  his  or  her 
place  of  abode,  and  he  shall  publish  in  the  official 
newspaper  of  the  city,  and  put  up  at  least  one  written 
notice  in  each  ward  of  the  city  for  ten  (10)  days,  that  if 


CHAr.4.] 


COLLECTION  OF  CITY  REVENUE. 


103 

the  taxes  are  not  paid  within  twenty  (20)  days  from  and 
after  the  first  publication  of  said  notice,  the  same  will 
be  collected  by  sale  of  property  of  delinquents. 

Sec.  10.  It  shall  be  the  duty  of  the  Collector  and  omitted  prop- 
Assessor  to  assess  any  real  or  personal  property  subject 
to  taxation,  which  may  have  been  omitted  by  the 
Assessor  in  the  assessment  roll.  The  Collector  and 
Assessor  shall  report  every  such  subsequent  assessment 
to  the  City  Council,  on  their  first  meeting  after  such  an 
assessment  is  made,  together  with  the  proper  description 
of  the  property,  the  owner’s  name,  when  known,  and 
the  assessed  value  thereof.  The  City  Council  shall,  by  How  aSBeesed* 
resolution,  order  the  City  Clerk  to  enter  every  such 
assessment  in  writing  in  the  Collector’s  warrant.  ITe 
shall  carry  out  the  amount  of  each  different  tax  respect- 
ively, and  note  opposite  the  lot  or  tract  of  land  or  per- 
sonal property  so  entered,  the  words  “ subsequent 
assessment and  the  Collector  shall  then  proceed  to 
collect  the  taxes  thereon,  in  the  same  manner  as  pro- 
vided in  this  ordinance  for  the  collection  of  taxes  on  the 
original  warrant.  If  the  Marshal  or  Collector  has 
reason  to  fear  that  property  omitted  to  be  assessed  will 
be  removed  from  the  city  before  the  next  meeting  of 
the  Council,  he  may  cause  the  Assessor  to  assess  the 
the  same  and  collect  the  tax  in  the  usual  manner,  with- 
out reporting  to  the  City  Council  as  above  provided. 

Sec.  11.  The  Collector,  Assessor,  and  City  Clerk,  Beport  errora 
and  all  other  officers  of  the  city,  shall  report  to  the  City 
Council  any  error  in  the  assessment,  valuation  or  des- 
cription of  property,  or  in  the  corresponding  amount  of 
taxes,  which  may  be  found  by  them,  or  either  of  them, 
and  no  correction  of  any  such  error  shall  be  made  in 
the  Collector’s  warrant,  unless  by  order  of  the  City 
Council,  instructing  the  City  Clerk,  by  resolution  or 
otherwise,  to  make  and  enter  such  correction  in  the 
Collector’s  warrant,  adding  thereto  the  words,  “corrected 
by  order  of  the  City  Council.” 

Sec.  12.  After  the  expiration  of  the  said  twenty  (20) 


CITY  ORDINANCES. 


[CHAP.  4. 


Distress  and 
sale. 


Same. 


Payment  of  tax. 


Receipt. 


104 

days,  tlie  Collector  shall  proceed  to  the  collection  of 
taxes  remaining  unpaid,  by  distress  and  sale  of  personal 
property  of  such  delinquent  or  delinquents.  The  Col- 
lector shall  have  power,  by  virtue  of  said  warrant,  as 
constables  on  execution,  to  distrain  and  sell  the  personal 
goods  and  chattels  of  any  person  chargable  with  any 
real  or  personal  tax,  who  shall  neglect  to  pay  the  same 
for  the  period  of  twenty  (20)  days  after  the  publication 
of  notice  as  aforesaid. 

Sec.  13.  When  the  Collector  distrains  goods,  he  may 
keep  them  at  the  expense  of  the  owner,  and  previous  to 
any  sale  by  the  Collector  of  any  goods  or  chattels  dis- 
trained by  him,  he  shall  give  notice  of  the  time  and 
place  of  their  sale  within  live  (5)  days  after  the  taking, 
together  with  a description  of  the  goods  and  chattels  to 
be  sold  and  the  amount  of  taxes  and  costs  for  which  the 
sale  may  be  made,  and  in  such  manner  as  constables  are 
required  to  give  notice  of  the  sale  of  personal  property 
under  execution.  The  time  of  sale  shall  not  be  more 
than  twenty  (20)  days  from  the  day  of  the  taking.  The 
sale  shall  be  at  public  auction,  and  no  more  property  (if 
practicable)  shall  be  sold  than  will  be  sufficient  to  pay 
the  taxes,  the  charges  of  keeping,  costs,  and  fees  for 
sale.  Any  surplus  arising  from  the  sale  shall  be  paid 
to  the  owner  of  such  property,  and  the  Collector  shall 
give  to  the  purchaser  thereof  a certificate,  stating  the 
description  of  the  property  purchased,  the  price  paid 
therefor,  and  the  day  of  sale.  For  such  levy  and  sale 
the  Collector  shall  be  entitled  to  the  fees  allowed  by 
law  to  constables  for  like  services. 

Sec.  14.  Whenever  any  tax  shall  be  paid  to  the 
Collector,  he  shall  mark  the  word  “Paid,”  together  with 
the  name  of  the  person  making  such  payment,  and  the 
date  when  paid,  on  the  face  of  the  warrant,  opposite 
the  real  or  personal  property  charged  therewith,  and  he 
shall  deliver  to  the  tax-payer  a receipt  for  such  taxes 
paid,  stating  the  time  of  payment,  the  description  of  the 
land  or  property,  the  amount  of  each  kind  of  taxes  and 


CHAP.  4.] 


COLLECTION  OF  CITY  REVENUE. 


105 

costs,  if  any,  giving  a separate  receipt  for  each  year, 
and  shall  also  retain  a duplicate  of  such  receipt.  The 
Collector  shall,  on  the  same  day  on  which  he  makes  his 
deposits  with  the  City  Treasurer,  deliver  all  such  dupli- 
cate receipts  for  taxes  collected  by  him  to  the  City. 

Clerk,  who  shall  hie  the  same  in  his  office. 

Sec.  15.  The  City  Council  may,  from  time  to  time,  Return  of 

^ ^ warrant. 

extend  the  return  day  ot  any  tax  warrant,  by  order  or 
resolution.  On  the  return  day,  it  shall  be  the  duty  of 
the  Collector  to  make  return  thereof  to  the  City  Coun- 
cil, which  return  may  be  in  the  following  form  : 

RETURN  OF  WARRANT. 

State  of  Iowa,  City  of  Davenport,  ) 

City  Collector’s  Office, , 18 — . ) 

The  undersigned,  Collector  of  the  city  of  Davenport,  Form  of. 
makes  return  to  the  City  Council  of  the  within  and  fore- 
going warrant,  that  he  has  collected  the  taxes  on  all 
the  real  and  personal  property  described  in  said  warrant 
opposite  to  which  the  word  “paid”  is  written;  that  a 
demand  of  payment  has  been  made  on  the  several  other 
taxes  not  marked  paid,  of  the  persons  mentioned  in  said 
warrant  as  liable  to  the  payment  thereof,  and  that  he 
has  not  been  able  to  find  any  personal  property  belong- 
ing to  them,  or  either  of  them,  subject  to  the  payment 
thereof ; he  therefore  returns  the  said  warrant  unsatis- 
fied as  to  all  taxes  not  marked  “paid”  on  the  face  of 
the  warrant. , City  Collector. 

Sec.  16.  On  the  return  of  any  warrant  unsatisfied,  order  for  sale 
in  whole  or  in  part,  as  to  any  taxes  on  real  estate,  an°  lfca  es  ate‘ 
order  shall  be  made  by  the  City  Council  for  the  sale  of 
the  real  estate  on  which  the  taxes  remain  unpaid.  A 
certified  copy  of  such  order,  signed  by  the  Mayor  and 
Clerk  under  the  corporate  seal,  shall  be  written  upon  or 
ortherwise  attached  to  the  Collector’s  warrant,  and 
delivered  by  the  City  Clerk  to  the  Collector  within  a 
reasonable  time  after  such  order  shall  be  made,  which 
order,  with  said  warrant,  shall  constitute  the  process 
14 


CITY  ORDINANCES. 


[CHAP.  4. 


Publication. 


Same. 


Mode  of  sale. 


106 

upon  which  the  Collector  shall  sell  the  real  estate 
described  therein. 

Sec.  17.  The  Collector  shall  thereupon  advertise  the 
said  real  estate  for  sale  in  the  official  newspaper  or 
newspapers  of  the  city  for  six  (6)  consecutive  weeks,  and 
said  notice  shall  contain  the  name  of  the  owner,  when 
known,  the  amount  of  taxes,  costs  and  printer’s  fee,  and 
the  number  of  the  lot,  or  description  of  the  piece  of 
land  on  which  the  same  are  due,  and  also  the  time  and 
place  of  sale,  unless  payment  be  made  of  the  taxes, 
costs  and  printer’s  fee  on  or  before  the  day  of  sale. 
The  time  fixed  for  selling  shall  not  be  later  than  the 
first  day  of  February  in  any  year,  without  a special 
order  of  the  City  Council. 

Sec.  18.  In  all  advertisements  for  the  sale  of  the 
real  property  for  taxes  in  description  and  entries  required 
to  be  made  by  the  Collector,  Assessor,  City  Clerk,  City 
Treasurer,  or  any  other  officer,  letters  and  figures  may 
be  used  as  they  have  been  heretofore,  to  denote  town- 
ships, ranges,  sections,  parts  of  sections,  lots,  blocks, 
dates,  and  the  amount  of  taxes,  costs  and  fees ; and  no 
irregularity  or  informality  in  the  advertisement  shall 
effect  in  any  manner  the  legality  of  the  sale,  or  the 
title  to  any  real  property  conveyed  by  the  Mayor  of  the 
city  under  the  city  charter  and  the  provisions  of  this 
ordinance. 

Sec.  19.  The  Collector  shall  attend  at  the  time  and 
place  of  sale  of  the  real  estate  mentioned  in  said  notice, 
and  then  and  there  offer  each  lot  or  piece  of  land  so  adver- 
tised for  sale,  on  which  the  taxes  shall  not  have  been 
paid  previously  thereto ; and  if  the  Collector  shall  fail 
to  be  present  at  the  time  and  place  aforesaid,  he  shall  be 
liable  to  a fine  of  not  less  than  one  hundred  (100)  dol- 
lars, nor  more  than  (1,000)  dollars,  to  be  recovered  by 
suit  on  his  official  bond.  The  sale  shall  be  made  for  the 
least  quantity  of  the  lot  or  piece  of  land  for  which  any 
person  will  pay  the  taxes,  costs  and  printer’s  fees  thereon, 
or  the  whole,  if  no  bid  for  a less  quantity  is  offered. 


CHAP.  4.  j 


COLLECTION  OF  CITY  REVENUE. 


107 

The  Collector  shall,  in  offering  the  least  quantity  of  a 
lot  or  piece  of  land  when  such  portion  constitutes  a 
half  or  more  of  the  parcel,  take  the  same  from  the  east 
side  thereof,  dividing  it  lengthwise  by  a line  parallel 
with  the  proper  line  of  the  lots.  The  purchaser  shall 
forthwith  pay  to  the  Collector  the  amount  due  ; and  in 
case  of  failure  to  do  so,  the  lot  or  parcel  of  land  shall 
be  again  offered  for  sale.  The  Collector  shall  continue 
the  sale  from  day  to  day,  as  long  as  there  are  bidders 
or  until  the  taxes  are  paid. 

Sec.  20.  Every  purchaser  at  such  sale  shall  be  enti-Deed  to  pur- 

. l ill  c^ascr  and 

tied  to  a deed,  signed  by  the  Mayor,  and  which  shall  effect  of. 
contain  the  name  of  the  purchaser,  a description  of  the 
number  of  lot,  or  the  portion  thereof,  or  the  piece  of 
land,  to  him  sold,  the  amount  of  taxes  and  the  year  for 
which  they  became  delinquent,  and  the  costs  and  print- 
er’s fees  for  which  the  same  was  sold.  The  Collector 
is  entitled  to  the  same  fees  allowed  County  Collectors 
for  the  same  services.  And  this  deed  so  made  by  the 
Mayor  shall  have  the  same  effect  as  the  County  Treas- 
urer’s deed  under  sales  made  by  him,  as  provided  by 
Art.  2 of  Chap.  51  of  the  Revision  of  1860,  being  Sec. 

1111  of  said  Revision,  which  is  hereby  referred  to  and 
incorporated  herein  ; and  the  holder  of  said  deed  shall 
have  all  the  rights  given  and  conferred  by  the  said 
section  of  the  Revision  and  the  charter  and  ordinances 
of  the  city. 

Sec.  21.  It  shall  be  the  duty  of  the  Collector  to  keep  Record  of  sales 
an  accurate  record  of  the  sales  of  real  estate  made  by  l'y  CoIIectol‘ 
him  in  pursuance  hereof,  and  make  return  of  such  sales, 
together  with  said  warrant  and  order  of  sale,  on  or 
before  the  first  day  of  March  in  each  year.  The  Col- 
lector shall  procure  and  file  with  said  return  a copy  of  the 
notice  ot  sale,  with  certificates  of  the  publisher  or  pub- 
lishers of  the  official  newspaper  or  newspapers  of  the  city, 
that  the  same  was  published  in  said  paper  or  papers  for  at 
least  six  (6)  consecutive  weeks  prior  to  the  day  of  sale, 

that  the  first  publication  was  made  on  the day  of 

,18 — , and  the  last  on  the day  of , 18 — . 


CITY  ORDINANCES. 


LCHAP.  4. 


Same  by  Clerk. 


Redemption. 


Certificate  of 
redemption. 


108 

Sec.  22.  On  the  return  of  said  sales,  the  City  Clerk 
shall  make  a record  thereof  in  a hook  to  he  kept  hy  him 
for  that  purpose,  therein  describing  the  several  parcels 
of  real  property  on  which  the  taxes,  costs  and  printer’s 
fee  were  paid  hy  the  purchaser,  as  they  are  described 
in  the  list  of  advertisements  on  tile  in  his  office,  stating 
in  separate  columns  the  amount,  as  obtained  from  the 
Collector’s  warrant  and  tax  list,  of  each  kind  of  tax, 
costs  and  printer’s  fee,  for  each  tract  of  lot  or  land,  how 
much  and  what  part  of  each  tract  of  lot  or  land  was 
sold,  to  whom  sold,  and  date  of  sale. 

Sec.  23.  Real  property  sold  under  this  ordinance 
may  be  redeemed  by  the  owner  or  any  person  interest- 
ed, at  any  time  before  the  right  of  the  tax  purchaser 
shall  become  absolute,  by  paying  the  amount  for  which 
the  same  was  sold,  with  25  per  cent,  interest  per  annum 
on  such  amount,  to  the  City  Treasurer  to  be  by  him 
held  subject  to  the  order  of  the  purchaser. 

Sec.  2d.  The  City  Clerk  shall,  upon  application  of 
any  party  to  redeem  any  real  property  sold  under  the 
provisions  of  this  ordinance,  and  being  satisfied  that 
such  party  has  a right  to  redeem  the  same,  issue  to 
such  party  a certificate  of  redemption,  setting  forth  the 
facts  of  the  sale  substantially  as  contained  in  the 
deed,  the  date  of  redemption,  the  amount  to  be 
paid,  and  by  whom  redeemed ; and  he  shall  make 
the  proper  entries  thereof  in  the  book  wherein  tax 
sales  are  recorded,  and  shall  immediately  give  no- 
tice of  such  redemption  to  the  City  Treasurer.  For 
every  redemption  the  City  Clerk  shall  be  entitled  to  a 
fee  of  fifty  (50)  cents,  to  be  paid  by  the  party  making 
the  same.  Such  certificate  of  redemption  shall  then  be 
presented  to  the  Treasurer,  who  shall  receive  the 
amount  due  as  specified  in  such  certificate,  and  coun- 
tersign the  same,  and  make  the  proper  entries  in  his 
books  ; and  no  certificate  of  redemption  shall  be  held 
as  evidence  of  such  redemption,  without  such  signature 
of  the  Treasurer.  The  Treasurer  shall  keep  an  account 


COLLECTION  OF  CITY  REVENUE. 


CHAP.  4 ] 


109 


of  all  tlie  redemption  moneys,  and  report  the  same  in 
his  monthly  statement  to  the  City  Conncil. 

Sec.  25.  [As  to  prior  sales,  the  Council  on  the  14tli 
day  of  March,  1866,  passed  the  following]  : “If  the  Deeds  on  pnor 

J certificates  of 

Treasurer  is  not  able,  by  reason  of  no  tax  sale  book  sale, 
being  extant  for  sales  for  taxes,  by  which  he  is  enabled 
from  record  to  countersign  certificates  of  sale,  if  such 
is  testified  by  the  Treasurer,  then  the  Mayor  of  the  city 
shall,  on  demand  of  the  bona  fide  holder,  and  on  the 
presentation  of  such  certificate,  regular  on  its  face,  and 
presented  after  two  years  from  day  of  sale,  make,  exe- 
cute and  deliver  to  the  holder  or  owner  of  such  certificate 
a deed  for  said  property,  in  said  certificate  described.” 


Sec.  26.  The  Collector  shall  make  a final  settlement  collector’s  final 
of  the  taxes  and  any  other  moneys  collected  or  received se 
by  him,  according  to  the  provisions  of  this  ordinance, 
with  a special  committee  appointed  by  the  City  Council 
for  that  purpose,  as  soon  after  the  last  regular  meeting 
of  the  City  Council  in  March,  in  each  year,  as  said 
committee  or  City  Council  may  require.  In  such  set- 
tlement, the  Collector  shall  be  charged  with  the  whole 
amount  of  the  real  and  personal  tax  placed  in  his  hands 
for  collection,  but  shall  be  entitled  to  a credit  for  such 
part  of  the  taxes  on  personal  estate  to  be  specified  in  a 
list  prepared  by  the  Collector,  as  the  committee  or  City 
Council  shall  be  satisfied  (from  the  affidavit  of  the 
Collector  and  other  evidence,)  are  wholly  uncollectable 
and  could  not  have  been  collected. 

Sec.  27.  If  any  officer,  upon  whom  any  duty  is  Penalty  for 

, , , . J_.  7 _r  __  , o official  neglect. 

imposed  by  this  ordinance,  shall  neglect  or  refuse  to 
perform  the  same,  or  shall  be  guilty  of  any  malfeasure  or 
misfeasure  in  the  performance  thereof,  he  shall  be  subject 
to  removal  from  office,  and  shall  pay  a fine  of  fifty  (50) 
dollars  in  each  case,  to  be  recovered  in  a suit  by  the 
city  against  such  officer  on  his  bond. 

Sec.  28.  Ho  list,  warrant,  order,  notice,  process  or  informalities 
proceeding  required  by  this  ordinance  shall  be  deemed cule(i' 
defective  by  reason  of  any  clerical  error,  or  any  infor- 


CITY  ORDINANCE*. 


ICHAF.4. 


110 

inality  ; but  any  such  list,  warrant,  order,  notice,  process 
or  proceeding  shall  be  deemed  sufficient  which  shall 
substantially  conform  to  the  requirements  of  this  ordi- 
nance. 

Sec.  29.  All  ordinances  and  parts  of  ordinances  in 
conflict  with  this  ordinance  are  hereby  repealed. 

Passed  and  approved  July  18,  1860.  Amended  to 
read  as  above  printed  Sept.  12,  1866. 


ARTICLE  8. 

AN  ORDINANCE  to  provide  for  the  cancellation  of 
City  Tax  Sale  certificates  in  certain  cases. 

Sec.  30.  (1.)  Be  it  enacted  by  the  City  Council  of 
the  city  of  Davenport , That  such  owners  of  real  estate 
in  said  city,  who  hold  certificates  of  sale  for  delinquent 
city  taxes,  either  issued  to  them  or  duly  assigned  to 
them,  on  which  the  time  for  redemption  has  expired, 
may  procure  a cancellation  of  the  same  by  delivering 
such  certificates  to  the  Clerk,  who  thereupon,  and  upon 
receipt  of  twenty-five  (25)  cents  fee  for  each  certificate 
so  to  be  cancelled,  shall  endorse  upon  such  certificate 
the  words,  “cancelled  by  request  of  the  holder  of  the 
certificate and  shall  file  the  same  in  his  office,  and 
shall  make  a like  entry  opposite  to  the  entry  of  sale  on 
the  city  sale  records  in  his  possession  and  on  the  city 
sale  books  in  the  possession  of  the  City  Marshal. 

Sec.  31.  (2.)  All  ordinances  or  parts  of  ordinances 
in  conflict  with  this  ordinance  are  hereby  repealed. 

Passed  and  approved  July  6,  A.  D.  1864.*“ 


*Notk. — This  chapter  in  relation  to  Revenue  has  been  made  to  conform  to  the 
provisions  of  the  State  law,  passed  March  22,  1S5S,  entitled  “An  Act  concerning 
Taxes  levied  by  Municipal  Authorities.”  Rev.  of  1S60,  Sec.  1144.  By  this  the 
purchaser  is  entitled  at  once  to  a deed  ; whether  his  title  becomes  absolute  if  not 
redeemed  in  three  years  as  under  existing  State  law,  or  whether  he  must  foreclose 
as  under  the  Code  before  getting  an  irredeemable  title,  the  ordinance  does  not 
determine.  See  on  this  subject  notes  to  charter,  ante , pp.  34,  87,  and  the  following 
cases  recently  decided  by  the  Supreme  Court  : 

Street  v.  Hughes.  1.  Tax  deed— by  Municipal  authority.  There  is  nothing  in 
Chap.  1 05,  Laws  of  the  Seventh  G-eneral  Assembly  (Rev.  1S60,  Sec.  1144)  defining 


CHAPS.  5,  6.] 


BRADY  STREET-BATHING. 


Ill 


CHAPTER  Y. 

AN  ORDINANCE  for  the  extension  of  Brady  street. 

Sec.  1.  Brady  street  is  extended  from  its  present  Brady  street 
termination  along  the  line  dividing  ont-lots  Ho.  9,  10, 

11,  12,  13,  14,  15,  16,  on  the  west,  from  ont-lots  Ho.  17, 

18,  19,  20,  21,  23,  24,  on  the  east,  to  the  line  bounding 
out-lots  Ho.  9 and  24  on  the  north. 

Sec.  2.  Said  extension  shall  be  forty  feet  in  width,  Width> 
extending  twenty  feet  east  and  west  from  the  division 
line  aforesaid. 

Passed  and  approved,  1841. 


CHAPTER  YI. 

AN  ORDINANCE  to  prevent  hathmg  in  front  of 
Davenport. 

Sec.  1.  Ho  person  shall  be  allowed  to  go  into  the  Bathing 
river  to  bathe,  in  front  of  the  city  of  Davenport,  after forbldden 
one-half  hour  before  sun-rise,  and  until  half  an  hour  after 
sun-set. 

Sec.  2.  Any  person  violating  the  provisions  of  this  Penalty. 


who  shall  make  tax  deeds  under  sales  for  municipal  taxes,  but  this  matter  is  lefo 
to  the  provisions  of  the  several  charters. 

2.  statute  construed.  The  object  of  said  statute  was  to  give  a uniform 

effect  to  the  deeds  made  to  purchasers  at  sales  for  municipal  taxes,  and  a like 
method  for  the  foreclosure  of  the  equity  of  redemption. 

Burke  v.  Jeffries , et.  al.  1.  Municipal  corporation — revenue.  There  is  no 
provision  in  the  “Act  for  the  incorporation  of  cities  and  towns,”  approved  March 
23d,  1858,  for  the  levy  and  collection  of  taxes,  and  for  sales  for  delinquent  taxes  in 
cities  incorporated  under  a special  law. 

2.  Repeal— by  implication.-  Repeals  by  implication  are  not  favored  by  the 
courts. 

3.  Municipal  Corporation— statute  construed.— Section  1123,  Revision  of  1860, 
applies  only  to  the  towns  and  cities  organized  under  the  general  act,  and  to  those 
which  should  adopt  it,  and  not  to  those  owing  their  chartered  existence  to  special 
acts. 

4.  cases  doubted.— The  case  of  Whiting  v.  Mt.  Pleasant , 11  Iowa,  482 

doubted. 


CITY  ORDINANCES. 


[CHAPS.  7,8, 


Bulkhead  in 
river. 


Right  to  repeal 


Right  to  use 
part  of  landing 
and  river. 


112 

ordinance  shall,  upon  conviction  thereof,  pay  a fine  of 
five  dollars  for  each  offence. 

Passed  and  approved  June  24,  1843. 


CHAPTER  YII. 

AN  ORDINANCE  for  the  relief  of  Burrows  & Pret- 

tyman. 

Sec.  1.  Messrs.  Burrows  & Prettyman,  their  heirs  or 
assigns,  are  authorized  and  empowered  to  erect  a bulk- 
head, artificial  bank,  or  grade,  to  the  east  of  their  mill 
on  the  bank  of  the  Mississippi  river,  in  such  a manner 
as  to  prevent  injury  to  their  property  by  ice. 

Provided , however,  that  said  bulk-head  does  not 
extend  further  up  the  river  than  forty  feet,  nor  further 
into  the  river  than  any  improvements  already  erected, 
and 

Provided^  further,  that  they  pay  all  damage  to  indi- 
vidual rights,  resulting  from  such  improvements. 

Sec.  2.  The  city  reserves  to  itself  the  right  of  repeal- 
ing this  ordinance  whenever,  in  their  opinion,  the  public 
good  shall  require  it. 

Passed  and  approved  May  18,  1849. 

[Note. — This  ordinance  is  repealed.  See  chapter  84,  post.] 


CHAPTER  YIII. 

AN  ORDINANCE  for  the  relief  of  /Strong  Burnell. 

Sec.  1.  Strong  Burnell  is  authorized  to  use  the  pub- 
lic lands  in  front  of  block  Ho.  5,  in  the  city  of  Daven- 
port, (except  a street  eighty  feet  in  width,  on  the  north 
side  of  the  said  public  lands ; and  excepting  also,  a 
street  forty  feet  in  width  in  front  of  the  west  side  of 
the  lot  occupied  by  Mrs.  Dillon,)  for  the  purpose  of 


CHAP.  9.1 


AUCTIONEERS. 


113 

storing  logs  and  lumber,  and  hauling  the  same  to  and 
from  the  river,  and  also,  the  right  to  use  the  landing  in 
front  of  said  block,  for  landing  logs,  rafting  lumber, 
and  other  uses  connected  with  said  mill,  for  a term  ot 
twenty  years,  and  the  right  to  moor  logs  and  lumber, 
and  leave  them  in  the  water  the  length  of  the  block 
below  said  block  5,  until  some  application  shall,  be  made 
and  granted  for  the  use  of  said  landing. 

Provided , however,  that  said  Burnell,  his  heirs  or  Payment  for. 
assigns,  shall  build  and  put  into  operation  said  mill 
within  one  year  from  this  date,  and  shall  annually  pay 
into  the  treasury  of  the  town  the  sum  of  one  dollar. 

Passed  and  approved  September  10,  1849. 


CHAPTER  IX. 

AN  ORDINANCE  relating  to  auctioneers. 

Sec.  1.  No  person  shall  carry  on  the  business  of  an  Lieenge  neees. 
auctioneer,  or  sell,  or  hire,  or  offer  for  sale  or  hire,  for  ppTss, 8s.e  anU 
any  person,  at  auction,  any  real  or  personal  property 
within  the  limits  of  the  city  of  Davenport,  without 
obtaining  an  auction  license.  Any  person  wishing  to 
obtain  an  auction  license  shall  first  pay  into  the  city 
treasury  the  sum  of  fifty  (50)  dollars,  and  upon  pro- 
ducing a certificate  from  the  Treasurer  of  the  city  of 
said  payment,  the  City  Clerk  shall  issue  an  auction 
license,  and  shall  receive  therefor  one  dollar  fee.  No 
license  to  be  granted  for  less  than  fifty  dollars,  even  for 
less  time.* 

Sec.  2.  Said  license  shall  be  in  force  for  the  term  of  License, 
one  year  from  the  date  thereof,  but  it  shall  not  authorize 
the  transaction  of  the  auction  business  in  more  than  one 
place  in  said  city  at  any  one  time. 

Sec.  3.  This  ordinance  shall  not  apply  to  sales  under  Exception. 


Sec.  1 was  amended  December  7, 1864,  so  as  to  read  as  above  printed. 

15 


CITY  ORDINANCES 


[CHAP.  10 


114 

execution,  mortgage,  deed  of  trust,  order  of  court,  or 
executor’s,  administrator’s,  or  guardian’s  sale. 

Penalty.  Sec.  4.  Any  person  who  shall  violate  any  provision 

of  this  ordinance,  shall,  on  conviction  thereof,  pay  a 
tine  of  twenty  dollars  for  each  offense. 

Passed  and  approved  February  1,  1858,  and  August 
17,  1859,  and  December  7,  1864. 


CHAPTER  X. 

AN  ORDINANCE  to  regulate  the  weighing  of  Hay 
and  Coal , and  measurement  of  Wood , and  to  prohibit 
the  use  of  Spring  Balances. 

Public  weigh-  Section  1.  The  City  Council  shall  appoint  one  or 
urers1  appointed  more  public  weighers  and  wood  measurers,  to  hold  their 
office  at  the  pleasure  of  the  City  Council  for  said  city, 
who  shall  be  sworn  to  perform  the  duties  of  such  office 
to  the  best  of  their  knowledge  and  ability,  and  in  con- 
formity with  all  the  provisions  of  this  ordinance. 

Sec.  2.  The  public  weigher  shall,  for  the  faithful 
performance  of  his  duties,  give  a bond  of  $1,000,  with 
sureties ; the  public  wood  measurer  shall  give  a bond 
for  $500,  with  sureties,  which  said  bonds  shall  be 
approved  and  revised  by  the  City  Council  every  year. 

Sec.  3.  Upon  the  presentation  and  delivery  of  such 
approved  bond  and  an  affidavit  of  having  been  known 
to  faithfully  fulfill  the  duties  of  his  office,  the  City  Clerk 
is  authorized  to  issue  to  said  public  weigher  or  wood 
measurer  a permit ; and  for  issuing  such  permit  the 
Clerk  shall  be  entitled  to  a fee  of  $1,  to  be  paid  by  said 
public  weigher  or  wood  measurer. 

Sec.  4.  Such  public  weigher  shall  attend  at  all  reas 
onable  times,  to  weigh  any  load  which  any  person  may 
desire  to  have  weighed ; aiid  for  every  load  or  draft  he 
weighs  he  shall  be  entitled  to  the  sum  of  ten  cents ; and 
lie  shall  keep  an  account  of  the  weight  of  such  load  by 


Bond. 


Permit. 


Clerk’s  fee. 


Weigher's 

duties. 


CHAr.  10  ] 


WEIGHING  OF  HAY,  COAL,  & C, 


115 

him  weighed,  and  shall  furnish  to  the  person  having 
such  load  weighed,  a certificate  for  each  load,  which 
certificate  shall  contain  the  gross  and  nett  weight  of 
such  load  weighed  by  him ; and  he  shall  compute  the 
nett  weight  into  the  other  denominations  according  to 
the  standard  of  weights  and  measures  of  the  State  ot 
Iowa.  And  such  a table  of  standard  weights  and 
measures  of  the  State  of  Iowa  shall  be  posted  at  some 
conspicuous  place  in  his  office. 

Sec.  5.  Such  certificate  of  weighing  shall  be  stamped  Certificate, 
by  the  City  Clerk  with  the  city  seal. 

Sec.  6.  Upon  the  payment  of  two  dollars  the  City 
Collector  shall  deliver  to  such  public  weigher  a receipt 
for  the  same,  and  upon  the  presentation  of  such  receipt, 
the  City  Clerk  is  authorized  to  affix  the  city  seal  to  one  city  seal, 
hundred  receipts  to  be  furnished  by  the  public  weigher. 

For  stamping  such  certificates  the  City  Clerk  shall  be 
entitled  to  a fee  of  ten  cents  per  hundred,  to  be  paid  by 
said  public  weigher. 

Sec.  7.  FTo  public  weigher  shall  give  a certificate  for  Duties  of 

° weigher  spC' 

any  load  weighed  by  him,  without  having  weighed  the  fied 
empty  wragon  or  dray  within  24  hours  before  or  2d  hours 
after  such  load  was  weighed,  unless  he  has  the 
written  consent  of  the  buyer  of  such  load,  in  which 
case  he  shall  put  down  the  date  when  such  empty  wagon 
or  dray  was  weighed  last.  And  it  shall  be  his  duty  to 
see  that  the  empty  wagon  or  dray  is  in  the  same  condi- 
tion as  when  the  full  load  was  weighed ; it  shall  be  the 
rule  that  the  driver  of  a horse  or  mule  team  is  always 
on  the  wagon  or  dray ; that  the  driver  of  an  ox  team  is 
always  off  the  wagon  or  dray  ; and  it  shall  be  the  duty 
of  the  weigher  to  mark  on  the  certificate  any  deviation 
from  this  rule ; and  it  shall  be  the  duty  of  the  public 
weigher  to  see  that  there  is  never  more  than  one  person 
on  the  wagon  or  dray,  and  that  there  is  nothing  on  the 
wTagon  or  dray,  open  to  the  eye,  which  does  not  properly 
belong  to  the  load  or  wagon  when  the  full  load  is 
weighed,  and  when  the  empty  wagon  or  dray  is 
weighed. 


CITY  ORDINANCES. 


[CHAP.  10. 


116 

Sec.  8.  The  public  weigher  is  responsible  for  any 
damage  done  by  the  neglect  of  his  duty,  carelessness  in 
weighing,  and  incorrectness  of  his  scale. 

Sec.  9.  Any  person  acting  as  a public  weigher  with- 
out having  complied  with  the  provisions  of  this  ordi- 
nance, shall  pay,  on  conviction,  a fine  of  ten  dollars 
and  costs  for  each  offense. 

weigher against  Sec.  10.  Any  public  weigher  violating  any  provision 
of  this  ordinance  shall  be  liable,  (if  there  is  no  fraudu- 
lent intention  proven),  to  a fine  of  $5  and  costs  for  the 
first  offense ; to  a fine  of  $10  and  costs  for  the  second 
offense  ; to  a fine  of  $25  and  costs  for  the  third  offense, 
to  be  paid  to  the  City  Collector  ; and  it  shall  be  at  the 
option  of  the  City  Council  to  repeal  his  permit  after 
the  third  offense ; if  there  is  a fraudulent  intention 
proven,  on  conviction  thereof,  to  a fine  of  $25  and  costs, 
to  be  paid  to  the  City  Collector,  for  the  first  offense, 
with  the  repeal  of  his  permit  to  act  as  public  weigher. 

Hay  and  coal.  gEC.  n.  All  hay  and  coal  offered  for  sale  in  the  city 
of  Davenport  shall  be  sold  by  weight,  to  be  weighed  by 
the  public  weigher  appointed  by  the  City  Council,  un- 
less otherwise  agreed  between  both  parties. 

Fraud  of  seller.  sEC.  |2.  If  any  person  after  having  weighed  a load 
or  a parcel  of  a load  shall  remove  any  portion  of  such 
load  or  parcel  of  a load  before  delivery,  with  intent  to  de- 
fraud the  purchaser,  such  person,  on  conviction  thereof, 
shall  pay  a fine  of  not  less  than  $50  and  costs,  nor  more 
than  $100  and  costs. 

wocdmea,  gEc.  ig.  All  wood  offered  for  sale  in  the  city  of 
Davenport  shall  be  sold  by  measure,  the  same  to  be 
measured  by  the  public  wood  measurer,  appointed  by 
the  City  Council,  unless  otherwise  agreed  between  both 
parties. 

Duty  °fmoas-  gE0>  i-j. . The  wood  measurer  shall  attend  at  the 
levee  between  Brady  and  Bipley  streets,  at  all  reason- 
able times,  and  measure  any  wood  which  persons  may 
desire  to  have  measured,  for  which  he  is  entitled  to  re- 
ceive ten  cents  for  each  cord  and  fraction  of  a cord 


Liability. 


Others  pro- 
hibited. 


CHAP.  11.  J 


CITY  SOLICITOR. 


117 

wlien  the  quantity  shall  not^exceed  two  cords  ; and  for 
each  additional  cord  or  fraction  of  a cord,  five  cents. 

He  shall  be  responsible  for  any  damage  occasioned  by 
his  neglect,  carelessness  or  fraudulent  measurement, 
and  on  conviction  of  fraudulent  measurement  he  shall  l iability. 
pay  a line  of  not  less  than  $10  and  costs  nor  more  than 
$50  and  costs  to  the  City  Collector,  and  his  permit  shall 
be  repealed. 

Sec.  15.  If  any  person  without  the  consent  of  the  Liability  of 

_ seller. 

purchaser  shall  sell  and  deliver  in  the  city  of  Daven- 
port any  load  of  hay  or  coal  otherwise  than  by  weight, 
or  without  having  it  weighed  by  a public  weigher,  or 
any  wood  otherwise  than  by  measurement,  and  without 
having  it  measured  by  the  public  wood  measurer,  he 
shall  pay,  on  conviction  thereof,  a fine  of  not  less  than 
$5  and  costs,  and  not  more  than  $10  and  costs,  for  each 
offense,  to  the  City  Collector. 

Sec.  16.  This  ordinance  shall  be  printed  and  a copy  posting, 
of  it  shall  be  posted  at  a conspicuous  place  at  the  office 
of  every  public  weigher. 

Sec.  17.  All  ordinances  heretofore  passed  regulating  Repeal  spring 

• • ^ 1)3/13/I1CGS 

the  weighing  and  sale  of  hay  andjcoal,  or  any  other 
article,  measurement  of  wood,  and  to  prohibit  the  use 
of  spring  balances,  are  hereby  repealed. 

Passed  and  approved  July  12,  A.  D.  1865. 

[Note.— See  Chapter  34  for  ordinance  relating  to  inspection  and  measurement 
of  lumber.] 

Note.— Ordinances  requiring  wood  to  be  measured  and  coal  to  be  weighed  by 
city  weighers  are  not  in  restraint  of  trade  and  are  valid.  Stokes  v.  N.  Y.  City,  14 
Wend.,  8T.  See  ante  charter,  pp.  39,  40. 


CHAPTER  XI. 

AN  ORDINANCE  providing  for  the  appointment  of 
a City  Solicitor. 

Section  1.  There  shall  be  appointed  whenever  the  Appointment. 
City  Council  shall  deem  it  expedient,  and  at  the  first 


CITY  ORDINANCES. 


[CHAP.  10. 


Duty. 


Duty. 


Draw  contracts, 
defend  suits, 
&c. 


Other  counsel. 


Compensation. 


118 

regular  meeting  in  April,  in  each  year  hereafter,  some 
competent  Attorney  or  City  Solicitor,  who  shall  con- 
tinue in  office  until  his  successor  is  appointed. 

Sec.  2.  It  shall  he  his  duty  to  give  his  legal  opinion 
upon  questions  of  law  arising  out  of  any  ordinance,  suit, 
claim,  or  demand,  for  or  against  the  city  ; also  act  as 
legal  adviser  of  any  and  all  the  city  officers,  so  far  as 
their  official  duties  are  concerned,  when  called  upon  for 
that  purpose. 

Sec.  3.  The  City  Solicitor  shall  report  to  the  City 
Council  any  defects  in  any  city  ordinance,  or  in  the 
powers  of  any  officer  which  he  may  discover  in  the  dis- 
charge of  his  duties,  especially  those  having  a legal 
hearing,  and  shall  draw  all  ordinances  when  required 
to  do  so  hy  the  Ordinance  Committee. 

Sec.  4.  He  shall  draw  all  contracts  between  the  city 
and  other  parties,  attend  the  Mayor’s  and  Police  Magis- 
trate’s court,  and  prosecute  or  defend,  all  suits  or 
actions,  for  the  violation  of  any  city  ordinance,  or  other 
matter,  in  which  the  city  shall  he  a party,  and  shall 
take  appeals  in  such  cases  as  he  shall  deem  the  interest 
of  the  city  requires  ; and  prosecute  or  defend  the  same 
in  the  Appellate,  District,  or  Supreme  Court,  and  when, 
by  reason  of  absence,  sickness,  or  any  cause,  he  shall 
not  be  able  to  attend  to  any  of  the  duties  required  of 
him,  he  may,  or  the  Mayor  of  the  city  may,  appoint 
some  one  to  act  in  his  place  for  the  time  being,  but  at 
the  cost  of  said  Solicitor. 

Sec.  5.  Assistant  counsel  may  be  employed  in  any 
case  at  the  discretion  of  the  Mayor  or  City  Council. 

Sec.  6.  It  shall  be  the  duty  of  the  City  Solicitor  to 
perform  such  other  professional  duties  as  may  be  from 
time  to  time  by  the  City  Council  required ; and  said 
officer  shall  receive  as  a compensation  for  all  said  ser- 
vices, the  sum  of  live  hundred  dollars  per  annum. 

Passed  and  approved  June  4,  1856. 

[For  further  provision  as  to  salary  see  Chapter  IS  ; notice  of  suits  served  on 
City  Attorney,  see  Chapter  89.] 


CHAPS.  12, 13.] 


COTES  & DAVIES— ELECTION. 


119 


CHAPTER  XII. 

AN  ORDINANCE  granting  Cotes  do  Dames  certain 
privileges. 

[This  ordinance  granted  certain  privileges  in  the  pub- 
lic landing,  and  expired  by  limitation,  March  5,  1861, 
and  is  not  re-printed.] 


CHAPTER  XIII. 

ARTICLE  1. 

AN  ORDINANCE  providing  for  the  election  of 
Mayor , Clerk , Treasurer , and  Marshal , and  defining 
their  duties. 

Section  1.  There  shall  be  a poll  opened  at  such  Election, 
place,  in  each  ward  in  the  city,  as  the  City  Council 
shall  designate,  on  the  first  Saturday  in  April,  in  each 
year,  at  nine  o’clock  A.  M.,  and  continue  open  till  six 
P.  M.,  and  at  the  discretion  of  the  judges  of  election, 
until  nine  o’clock  P.  M.,  which  shall  be  conducted  in  Time  of,  &c. 
all  respects  as  are  such  elections  for  State  and  county 
officers  in  Iowa,  for  the  election  of  a Mayor,  Clerk, 
Treasurer,  and  Marshal,  for  the  city  of  Davenport. 

Sec.  2.  The  City  Council  shall  appoint  three  electors  judges  of. 
of  said  city  for  each  ward,  to  act  as  judges  and  clerks 
of  said  election,  who  shall,  after  qualifying  according 
to  the  laws  of  this  State,  receive  votes  for  the  offices 
aforesaid. 

Sec.  3.  The  person  receiving  the  highest  number  of  Wh0  clected. 
votes  for  the  office  voted  for,  shall  be  declared  elected 
by  the  judges  of  said  election. 

Sec.  4.  The  persons  so  elected  shall  hold  their  Term, 
respective  offices  for  the  term  of  one  year,  and  until 
their  several  successors  are  duly  elected  and  qualified.* 


* As  to  filling  vacancy  in  Treasurer’s  office  see  Art.  4 of  this  Chapter. 


[CHAP.  13. 


Mayor  to  qual- 
ify. 


Bonds  of  Clerk, 
Treasurer  and 
Marshal. 


Mayor’s  duties. 


Oath. 


Bonds  pre- 
served. 


Failure  to 
qualify. 


Vacancy. 


220  CITY  ORDINANCES. 

Sec.  5.  The  person  receiving  the  highest  number  of 
votes  for  Mayor  shall  be  declared  elected,  and  such 
person  shall  qualify  by  taking  the  oath  of  office,  and 
giving  a bond  with  sureties,  and  in  a penalty  to  the 
satisfaction  of  the  City  Council. 

Sec.  6.  The  Clerk,  Treasurer  and  Marshal  shall  sev- 
erally give  bonds  and  security  in  such  sum  as  the  City 
Council  shall  require,  and  with  such  conditions  as  a 
majority  of  said  Council  shall,  at  their  first  regular 
meeting  or  special  meeting  thereafter,  think  proper  to 
affix. 

Sec.  7.  Should  the  City  Council  neglect  or  refuse  to 
affix  the  amount  and  designate  the  conditions  of  said 
bond,  the  Mayor  of  said  city  shall  fix  said  amount,  and 
designate  the  conditions  thereof,  which  shall  remain 
valid  until  the  City  Council  shall  determine  said  amount 
and  conditions  themselves. 

Sec.  8.  Said  officers  shall  each  take  and  subscribe  an 
oath  of  office,  which  shall  be  endorsed  on  their  respect- 
ive bonds,  in  substance  as  follows : 

I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  I will 
discharge  the  duties  of  of  the  city  of  Davenport; 

that  I will  omit  no  duty  knowingly  ; that  I will  see  the 
several  ordinances  and  charter  of  said  city,  so  far  as 
they  relate  to  said  office,  enforced  ; that  I will  cause  all 
violations  of  the  same  to  be  inquired  into,  and  will 
otherwise  perform  the  duties  required  of  me  by  the 
conditions  of  the  within  bond,  faithfully,  impartially, 
and  according  to  the  best  of  my  knowledge  and  ability, 
so  help  me  God. 

Sec.  9.  Said  bonds,  when  duly  executed,  shall  be 
filed  and  preserved  by  the  Clerk  of  said  city,  except 
the  bond  of  the  Clerk,  which  shall  be  filed  and  pre- 
served by  the  Treasurer  thereof. 

Sec.  10.  On  the  failure,  neglect,  or  refusal,  of  any 
officer,  who  shall  be  elected  under  this  ordinance,  to 
qualify  as  aforesaid  within  thirty  days  after  his  election, 
the  office  shall  thereby  become  vacant,  and  the  election, 


CHAP.  13.] 


ELECTION. 


121 

so  far  as  it  relates  to  that  office,  shall  be  null  and  void, 
and  the  same  shall  he  filled  in  the  same  manner  as  if  it 
had  occurred  by  a voluntary  resignation.  Or  if  any 
officer  shall  violate  his  oath  of  office,  it  shall  in  like 

Cm- 

manner  become  vacant,  and  the  vacancy  in  like  manner 
he  filled. 

Sec.  11.  Any  officer  charged  with  the  violation  of  Tried  before 

J “ . Council. 

his  oath  of  office  shall  he  tried  by  the  City  Council,  and 
shall  have  at  least  five  days  notice  of  the  time  and  place 
of  such  hearing  or  trial,  with  a specification  of  all 
charges  to  be  then  and  there  brought  against  him ; 
and,  it  is  further  provided  that  any  officer,  thus  re- 
moved, shall  not  thereby  be  exempt  from  liability  on 
his  bond  for  neglect  of  duty,  nor  exonerated  from  pun- 
ishment for  crime,  but  he  may  be  prosecuted  therefor 
in  the  same  manner  as  if  no  removal  had  been  made. 

Sec.  12.  It  shall  be  the  duty  of  the  City  Clerk  to  Duty  of  cierk 
prepare  and  have  ready  for  the  inspection  of  the  Mayor  ^5  of  tins 
and  Aldermen,  at  the  last  regular  meeting  in  March,  of 
each  year,  an  account  of  moneys  received  and  expended 
by  the  said  city  since  the  last  annual  election,  with  the 
source  from  which  they  were  derived,  and  the  objects  on 
which  they  were  expended.  He  shall  notify  all  officers 
of  their  election  or  appointment  to  office,  and  the 
time  when  they  shall  appear  and  qualify  as  such.  He 
shall  report  at  the  end  of  his  term  the  amount  of  orders 
allowed,  and  not  drawn,  in  his  hands,  belonging  to 
different  persons  ; and  he  shall  also  perform  such  other 
duties  as  are  or  may  be  required  of  him  by  resolution 
or  ordinance  of  said  city. 

Sec.  13.  It  shall  be  the  duty  of  the  City  Marshal  of  Duty  of  Mar- 
the  city  of  Davenport,  to  see  that  the  ordinances  of  said  Art.'s  of  this  ° 

. <•»  i iii  n . . chapter. 

city  are  enforced,  when  he  knows  of  a violation  of  any 
of  their  provisions  of  his  own  knowledge,  or  when  a 
complaint  shall  be  made  to  him  of  their  violation,  in 
writing,  signed  by  any  citizen,  stating  of  what  violation 
he  wishes  to  complain,  the  name  of  the  violator,  and 

the  name  of  the  witnesses  to  establish  such  violation, 

16 


Treasurer’s 
duty.  See  Art 
3 of  this  chap- 
ter. 


Assessor  made 
Deputy.  Col 
lector. 


Duty  of  Deputy 
Collector. 


12*2  CITY  ORDINANCES.  [CHAP.  13. 

said  Marshal  shall  forthwith  inquire,  and  if  there  is 
probable  grounds  to  believe  that  such  violation  has 
occurred,  he  shall  immediately  institute  suit  before  the 
proper  tribunal  for  the  recovery  of  the  penalty  for  such 
violation.  He  shall  make  quarterly  reports,  and  oftener 
if  required  by  them,  to  the  City  Council,  of  his  acts  and 
doings  as  such  Marshal.  He  shall  pay  over,  monthly,  to 
the  Treasurer  of  the  city,  all  moneys,  and  other  prop- 
erty, in  his  hands,  belonging  to  said  city.  He  shall,  at 
the  last  regular  meeting  in  March,  of  each  year,  return 
the  assessment  roll  of  the  past  year,  together  with  proper 
vouchers  of  his  having  paid  over  the  entire  revenue  of 
the  city  for  the  year,  which  was  possible  to  be  collected. 

Sec.  14.  It  shall  be  the  duty  of  the  City  Treasurer 
to  receive  and  pay  out,  according  to  the  requirements 
of  the  City  Council,  the  revenue,  funds,  and  .property, 
of  said  city,  and  he  shall,  at  the  last  regular  meeting  in 
March,  of  each  year,  and  at  such  other  times  as  re- 
quired, make  out  and  present  a report  to  the  City 
Council,  showing  the  amount  of  money,  of  orders,  and 
other  property,  on  hand,  of  the  city. 

[Note,— Augpist  5, 1863.  An  additional  section  known  as  Section  No.  15  was 
passed,  giving  six  (6)  per  cent,  interest  on  city  orders  from  date  of  presentment, 
hut  this  section  (15)  was  repealed  "by  ordinance  of  July  6, 1864.] 

ARTICLE  2. 

AN  ORDINANCE  relating  to  Deputy  Collector. 

Section  1.  That  the  City  Assessor  shall  be  the 
Deputy  Collector  from  and  after  the  first  day  of  March, 
until  the  last  day  of  December  of  each  year. 

Sec.  2.  It  shall  be  the  duty  of  the  Deputy  Collector 
to  collect  under  the  direction  and  at  the  office  of  the 
City  Collector  of  the  city  of  Davenport,  all  taxes  and 
assessments,  to  keep  a separate  book,  wherein  shall  be 
entered  in  several  distinct  columns,  the  amounts  of 
cash,  the  amounts  of  city  orders,  and  the  amounts  of 
road  tax  receipts  received  in  payment  of  said  taxes  and 
assessments,  and  to  pay  over  each  and  every  day  the 
amounts  so  collected  to  the  City  Collector. 


CHAP.  13.] 


HOOKS  AND  ACCOUNTS  OF  CITY. 


123 

Sec.  3.  The  Deputy  Collector  shall  qualify  as  the Bondandoath- 
City  Collector,  hut  his  bond  shall  not  exceed  $2,000, 
subject  to  the  approval  of  the  City  Council. 

Sec.  4.  The  salary  of  the  City  Collector  shall  be,  salary, 
for  the  ten  months  term  of  his  office,  fifty  dollars  per 
month,  payable  monthly. 

Passed  and  approved  April  4,  1802. 

[Amended  as  above  printed,  March  1,  1865.  As  to  duties  of  Collector  sec 
Chapter  4.] 

ARTICLE  3. 

AN  ORDINANCE  to  provide  the  'manner  in  which 
the  hooks  and  accounts  of  the  City  of  Davenport  shall 
he  kept. 

Whereas,  The  financial  system  of  the  city  of  Daven- Preamble, 
port  should  be  such  as  to  give  a clear  insight  into  all 
the  financial  affairs  of  the  city,  of  all  the  money  re- 
ceived and  paid  out,  all  the  orders  issued  and  paid  and 
the  amount  of  the  floating  debt — and  by  which  the 
books  ot  one  officer  shall  balance,  check  and  complete 
the  books  of  the  other  officers  ; and 
Whereas,  This  result  can  only  be  obtained  by  same, 
having  the  duties  of  the  Collector,  Treasurer  and  Clerk 
clearly  defined,  so  that  all  the  money  received  goes 
through  the  hands  of  the  City  Collector,  all  the  money 
paid  out  be  paid  by  the  City  Treasurer,  and  that  the 
principal  book  for  the  finances  of  the  city  be  kept  by 
the  City  Clerk ; 

Therefore , he  it  enacted  by  the  City  Council  of  the 
city  of  Davenport,  That  from  and  after  the  1st  day  of 
April,  A.  D.  I860,  it  shall  be  the  duty  of  the 

1.  CITY  COLLECTOR  (OR  MARSHAL) 

1.  To  receive  all  money  paid  to  the  city  and  give  a Marshal  tore- 
receipt  tor  the  same.  For  this  purpose  lie  shall  keep ceive  a11  money 
two  books  with  tags  containing  duplicate  receipts  ; one 
book  for  taxes  received  and  one  for  money  otherwise  Books, 
received. 


CITY  ORDINANCES. 


[CHAP.  13. 


Day-book  and 
ledger. 


Separate  funds. 


Pay  over 
weekly. 


Monthly  report. 


Treasurer  when 
and  how  to  pay 
out. 


Day-book  and 
ledger. 


Cancel  orders. 


Monthly  report. 


124 

2.  To  keep  a regular  day  book  of  all  the  money 
received  and  paid  over  by  him  ; also  a ledger  in  which 
lie  shall  keep  the  following  funds  distinctly  separate, 
viz  : general  fund,  road  fund  and  special  fund,  (the 
designatives  of  which  shall  be  taken  from  the  order  by 
which  the  tax  is  levied.)  These  three  different  funds 
may  be  sub-divided  in,  and  the  account  kept  separate 
for  such  sub-funds,  as  the  Council  from  time  to  time 
may  order. 

3.  To  pay  over  to  the  City  Treasurer  at  least  every 
week  all  the  money  received,  and  take  therefor  the 
Treasurer’s  receipt  in  a book  kept  for  that  purpose, 
which  receipt  shall  also  show  now  much  money  received 
on  each  fund  and  sub-fund.  • 

4.  To  make  a full  monthly  report  up  to  the  first  of 
every  month  to  the  City  Council,  stating  how  much 
money  in  total,  how  much  on  each  fund,  and  how  much 
on  each  sub-fund  he  has  received,  and  paid  to  the  Treas- 
urer, and  on  hand.  - 

II.  OF  THE  CITY  TREASURER. 

1.  To  pay  out  money  only  on  regular  city  orders, 
signed  by  the  Mayor  and  Clerk  of  the  city,  except 
interest  on  orders  and  coupons. 

2.  To  keep  a regular  day-book  of  all  the  money 
received  and  paid  ; also  a ledger  in  which  he  shall  keep 
distinctly  separate  the  different  funds  and  sub-funds  as 
hereinbefore  provided  for  the  Collector. 

3.  To  cancel  all  city  orders  paid  by  him  and  mark 
thereon  the  date  when  paid,  and  when  called  for  by  the 
City  Council  or  any  one  appointed  by  them  for  that 
purpose,  to  deliver  to  them  the  paid  and  canceled  orders; 
lie  shall  take  their  receipt  therefor  in  his  books,  by 
which  also  the  number,  date  and  amount  of  each  can- 
celed and  paid  order  must  appear. 

4.  To  make  a full  monthly  report  up  to  the  first  of 
every  month  to  the  City  Council,  stating  how  much  mon- 
ey in  total,  how  much  on  each  fund,  and  how  much  on 
each  sub-fund  he  has  received,  paid,  and  on  hand  ; also 


CHAP.  13  ] 


BOOKS  AND  ACCOUNTS  OF  CITY. 


125 

liow  much  money  lie  has  paid  on  orders  issued  since  the 
1st  day  of  April,  A.  D.  1865,  how  much  on  orders  issued 
previous  to  that  time,  and  how  much  without  orders,  on 
interest  on  orders,  and  on  coupons. 

III.  OF  THE  CITY  CLERK.  (SEE  ART.  5.) 

1.  To  keep  an  order  hook  with  tags  containing  dupli-  Qr^;book  an 
cate  orders.  On  said  orders  and  tags  he  shall  also  des-ta§'8- 
innate  for  which  funds  and  sub-funds  the  same  are  issued. 

o 

It  shall  also  be  his  duty  on  receipt  from  the  City  Coun- 
cil, or  any  one  thereof,  of  the  canceled  and  paid  orders,  • 

to  keep  the  same  in  separate  packages  and  to  mark 
each  tag  or  duplicate  of  the  said  canceled  and  paid 
orders  with  the  same  mark  as  he  has  marked  the  pack- 
age containing  the  same. 

2.  To  keep  a regular  day-book  of  all  the  orders  Day-book  and 
issued  by  him,  in  which  there  shall  also  appear  when 

the  same  were  ordered  by  the  City  Council ; a ledger 
in  which  he  shall  keep  distinctly  separate  the  different 
funds  and  sub-funds  as  hereinbefore  provided  for  the 
Collector,  and  in  which  he  shall  also  keep  an  account 
with  each  city  officer — and  a receipt  book  in  which  he 
shall  take  a receipt  for  each  order  delivered. 

3.  To  make  a full  monthly  report  up  to  the  first  of  Monthly  report 
every  month  to  the  City  Council,  stating  what  amount 

of  orders  he  has  issued  in  total,  for  each  fund  and  sub- 
fund, and  their  numbers. 

4.  To  keep  the  monthly  reports  of  the  City  Collector,  BookB  how 
Treasurer,  and  Clerk,  (as  hereinbefore  provided  for)  onkept- 

file  as  a day-book,  also  a main  book  or  ledger,  in  which 
he  shall  keep  the  following  accounts:  “cash,”  “gen- 
eral fund,”  “road  fund,”  “special  fund,”  “order  ac- 
count,” “old  order  account,”  “interest  account,”  and 
“ coupon  account.”  In  this  book  he  shall  enter  in  the 
above  mentioned  accounts  as  follows  : The  amount  of 

money  received  as  per  monthly  report  of  City  Collector, 
cash  must  be  debited  with,  and  the  general,  road  or 
special  fund  credited.  The  amount  of  orders  issued  as 
per  monthly  report  of  the  City  Clerk,  the  order  account 


CITY  ORDINANCES. 


Report. 

Same. 


Finance  Com- 
mittee-duties. 


Report . 


Same. 


Books  to  be 
provided  by 
city. 


126 


[CHAP.  13. 


must  be  credited  with,  and  the  general,  road  or  special 
fund  debited.  The  amount  of  money  paid  as  per 
monthly  report  of  the  City  Treasurer,  cash  must  be 
credited  with,  and  the  order  account,  old  order  account, 
interest  account,  or  coupon  account  debited.  He  shall 
strike  the  balance  of  this  book  every  three  months  and 
report  the  same  to  the  City  Council. 

5.  To  report  to  the  City  Council  at  the  end  of  the 
financial  year  what  amount  and  which  numbers  of  the 
city  orders  issued  since  the  1st  day  of  April,  A.  D. 
1865,  have  not  yet  been  paid,  cancelled  and  delivered 
to  him. 


IV.  OF  THE  FINANCE  COMMITTEE. 


1.  To  examine  the  books  and  reports  of  the  City 
Collector,  Treasurer  and  Clerk  at  the  end  of  every  three 
months  and  to  certify  thereto  in  the  books  of  those  offi- 
cers ; also  to  take  from  the  City  Treasurer  at  the  end 
of  every  three  months  all  the  cancelled  and  paid  orders 
as  reported  by  him  in  his  monthly  report,  and  deliver 
the  same  to  the  City  Clerk  for  the  purpose  hereinbefore 
stated,  and  to  take  the  Clerk’s  receipt  therefor  in  a book 
kept  for  that  purpose. 

2.  To  report  to  the  City  Council  at  the  next  regular 
meeting  after  such  examination,  what  amount  of 
orders  they  have  delivered  to  the  Clerk,  how  large  the 
floating  debt  of  the  city  is  from  the  orders  issued  since 
the  1st  day  of  April,  A.  D.  1865  ; in  what  condition 
they  have  found  the  books  of  each  officer,  and  whether 
the  same  balance  and  complete  each  other. 

3.  To  make  at  the  end  of  each  financial  year  to  the 
City  Council  a full  report  of  the  financial  affairs  of  the 
city. 

All  the  books  to  be  kept  by  the  city  officers,  as  here- 
inbefore provided,  shall  be  procured  at  the  expense  of 
of  the  city,  and  be  open  for  inspection  at  all  reasonable 
times,  and  delivered  to  their  successors  at  the  expiration 
of  their  term  of  office. 


CHAP.  13.]  BOOKS  AND  ACCOUNTS,  &c.— VACANCY.  p>y 

All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Passed  and  approved  March  1st,  A.  D.  1865. 

Resolved,  That  from  and  after  the  1st  day  of  April, 

A.  D.  1865,  the  general  fund  shall  be  sub-divided  in  and 
kept  separate  for  the  following  sub-funds:  “Judgment  Sub.funds 
account,”  “Interest  account,”  “Coupon  account,”  “Police named 
department,”  “City  Cemetery,”  “Salaries  for  city  offi- 
cers,” “Fire  Department,”  “Public  grounds  and  build- 
ings,” “Wharfage,”  “Gas,”  “License,”  “Board  of 
Health,”  “Tax  Sales  and  Refunded,”  “Printing,  Adver- 
tising and  Stationery,”  “Removing  nuisances,”  “Inci- 
dentals.” And  the  road  fund  shall  be  sub-divided  in 
and  the  accounts  kept  separate  for  the  following  sub- 
funds : “ Street  work,”  “ Material  for  streets,”  “ City 
stone  quarry,”  “Poll  tax.” 

Resolved , That  the  City  Collector  be  required  to  Book  for  tax 
leave  a column  in  the  tax  book  for  lands  sold  for  citysaes’ 
taxes,  and  that  it  shall  be  his  duty  to  record  the  same 
when  they  are  redeemed. 

Adopted  March  1,  1865. 


ARTICLE  4. 

AN  ORDINANCE  to  Jill  vacancy  in  Treasurer's 

Office. 

That  whenever  a vacancy  occurs  in  the  office  of  the  vacancy  in 
Treasurer  of  the  city,  the  Mayor  shall  be,  and  is  hereby  fiued8Ury_h0W 
authorized  to  fill  the  vacancy  by  appointment,  and  the 
officer  so  appointed  shall,  if  confirmed  by  the  Council, 
hold  the  office  until  the  next  general  election  thereafter, 
lie  shall  qualify  the  same  as  if  he  had  been  elected. 

Passed  and  approved  Feb.  10,  1861. 

[Amended  Sept.  25, 1865,  to  read  as  above  printed.] 


128 


CITY  ORDINANCES. 


[CHAP.  18. 


Official  bonds 
to  be  recorded 
or  preserved. 


Ordinances  to 
be  recorded. 


Compensation. 


City  orders. 


Clerk  responsi- 
ble for  books, 
&c. 


Office  created. 


How  chosen . 


ARTICLE  5. 

AN  ORDINANCE  relating  to  the  duties  of  City 

Cleric . 

Section  1.  It  shall  be  the  duty  of  the  Clerk  to  record 
at  length  in  the  journal,  or  preserve  in  a separate  book 
kept  for  that  purpose,  all  official  and  other  bonds  taken 
by  the  city,  but  these  need  not  be  published  in  the 
printed  proceedings. 

Sec.  2.  It  shall  also  be  the  duty  of  the  Clerk  here- 
after to  record  at  length  in  the  journal,  all  ordinances  or 
amendments  thereto,  passed  by  the  City  Council,  for 
which  he  shall  be  allowed  pay  at  the  rate  of  live  cents 
per  hundred  words.  He  shall  also  preserve  in  a book, 
with  the  proper  certificate,  a printed  copy  of  each  ordi- 
nance passed  by  the  Council.  And  the  City  Clerk  shall 
in  no  case  issue  an  order  unless  the  amount  has  been 
allowed  by  the  City  Council. 

Sec.  3.  The  Clerk  is  made  personally  responsible  for 
the  safe  custody  of  all  books  and  papers  belonging  to 
his  office,  and  shall  in  no  case  allow  the  original  of 
any  official  book,  record,  or  paper  to  be  taken  therefrom 
for  any  purpose. 

Passed  and  approved  Sept.  25th,  I860. 


CHAPTER  XIY. 

AN  ORDINANCE  establishing  the  office  of  City 
Engineer  and  defining  his  duties. 

Section  1.  The  office  of  City  Engineer  is  hereby 
established. 

Sec.  2.  The  City  Engineer  shall  be  chosen  annually 
by  the  City  Council,  on  the  first  Wednesday  of  April, 
or  such  other  time  as  the  same  may  be  vacant,  and  shall 
hold  his  office  for  the  term  of  one  year  from  the  first 
Saturday  in  April,  and  in  either  case  until  his  successor 
is  duly  elected  and  qualified. 


Term. 


CHAP.  14.] 


DUTIES  OF  CITY  ENGINEER. 


129 

Sec.  3.  lie  shall  he  well  skilled  in  the  science  of  Qualifications, 
civil  engineering  and  building,  and  the  practical  appli- 
cability thereof. 

Sec.  4.  He  shall  take  the  oath  required  of  other  city  °ath  and  bomL 
officers,  and  shall  give  bond  in  the  sum  of  two  thousand 
dollars  for  the  faithful  performance  of  his  duties. 

Sec.  5.  It  shall  he  the  duty  of  the  City  Engineer — 

1st.  To  see  to  the  protection  of  all  real  estate  belong-  pities  as  to 
ing  to  the  city;  to  cause  to  he  carried  into  effect  all 8treets,&c 
ordinances  of  the  City  Council  concerning  streets, 
alleys,  and  other  public  places  ; superintending  the 
opening  and  grading  of  the  same,  and  removing  all 
obstructions  therefrom. 

2d.  To  preserve  in  his  office  all  maps,  plats  and  snr-  Reeorclg 
veys  of  the  city,  with  ail  records,  hook,  papers,  and 
other  documents  relating  thereto. 

3d.  To  exercise  full  supervision  over  all  contracts  contract?, 
made  by  the  city  with  persons  or  corporations  for  the 
grading  of  streets  or  alleys ; construction  of  public 
works,  or  erection  of  public  buildings,  and  in  all  other 
cases  where  the  interests  of  the  city  require  his  care  and 
attention. 

4th.  To  keep  in  suitable  books  full  and  accurate  Accounts, 
accounts  of  all  receipts  and  disbursements  made  under 
his  supervision,  and  a systematic  record  of  all  trans- 
actions relative  or  pertaining  to  his  office. 

5th.  To  report  to  the  City  Council,  at  its  regular  „ 

x u ; ~ Reports. 

meeting  in  January  and  July  of  each  year,  and  oftener 
if  required,  a general  abstract  of  all  his  operations  for 
and  in  behalf  of  said  city  during  the  previous  six 
months,  or  since  his  last  report,  the  contracts  made,  if 
any,  the  work  executed,  and  remaining  to  be  executed, 
the  expenditures  and  disbursements,  the  amount  re- 
maining to  be  disbursed,  and  such  other  information  as 
he  may  deem  of  interest  to  the  city,  or  as  the  Council 
may  require. 

6th.  To  do  and  perform  all  other  duties  and  acts  0ihev  dutjeg 
relating  to  the  matters  placed  under  his  charge,  as  the 
17 


CITY  ORDINANCES. 


[CHAP.  14. 


Employed  by 
lot  owners. 


Compensation 


Lowest  bidder. 
Notice. 


Bids. 


Same. 


130 

City  Council,  by  vote  or  resolution,  may  from  time  to 
time  require. 

Sec.  G.  Any  person  proposing  to  build  upon,  enclose 
or  ascertain  the  location  of  any  lot  or  parcel  of  land 
within  the  city  limits,  may  apply  to  the  City  Engineer 
for  the  lines  of  the  street  adjoining  said  lot  or  parcel  of 
land,  and  for  the  grade  of  such  streets ; and  the  City 
Engineer  shall  ascertain  and  mark  the  same,  and  give  a 
certificate  thereof,  and  for  such  service  he  shall  collect 
of  the  person  . so  employing  him,  the  sum  of  three  dol- 
lars, and  if  the  same  necessarily  occupies  him  beyond 
the  space  of  four  hours,  he  shall  charge  the  sum  of  fifty 
cents  for  each  additional  hour  employed. 

Sec.  7.  All  public  works  ordered  by  the  City  Coun- 
cil, unless  otherwise  directed,  shall  be  let  by  the  City 
Engineer  to  the  lowest  and  best  bidder,  and  approved 
by  the  City  Council.  Notice  of  the  letting  of  any  such 
work  shall  be  given  for  two  weeks,  in  such  papers  as 
the  City  Engineer  shall  order ; in  which  the  nature  of 
the  work,  the  place  where  the  specifications  may  be 
seen,  and  the  time  when  bids  will  be  received,  shall  be 
be  stated.* 

Sec.  8.  Bids  for  such  work  shall  be  signed  by  the 
bidder,  enclosed  in  a sealed  envelope,  and  not  be  opened 
until  the  day  fixed  in  the  notice,  and  then  only  in  the 
presence  of  the  Mayor  of  the  city  and  the  City  Engin- 
eer, unless  the  Council  order  otherwise. 

Sec.  9.  Each  bid  shall  be  accompanied  by  a state- 
ment by  the  persons  offered  by  the  bidders  as  sureties, 
declaring  their  willingness  to  become  such  sureties,  in 
event  of  the  contract  being  awarded  to  the  bidder ; 
and  shall  also  be  accompanied  by  a bond  to  the  city, 


* Engineer— duty  to  advertise.— As  to  duty  to  advertise  for  bids,  see  19  Ind  , 
135  ; 22  N.  Y.,  162,  and  cases. 

Rights  op  Lowest  Bidder. — Brady  v.  The  Mayor , 20  N.  Y.,  312  ; 17  id.,  5S4  ; 
id.,  457  ; 13  Barb.,  567  ; 15  How.  Pr.  R.,  42S  ; 10  N.  Y.,  504  ; 4 Sandf.  Sup.  Ct.  R., 
221 ; 26  Barb.,  240  ; 5 Ohio  St.,  234. 

Measurement  op  Masonry.— See  “ Index”  for  ordinance  on  this  subject. 
Other  Points.— See  ante,  p.  62. 


CHAP.  14.] 


DUTIES  OF  CITY  ENGINEER. 


131 


in  the  sum  of  two  thousand  dollars,  signed  by  the  bid- 
der and  a respectable  surety ; conditioned  that  the 
bidder,  if  his  bid  be  accepted,  shall  enter  into  a written 
contract  to  do  the  work  bid  for,  according  to  the  terms 
of  the  bid,  at  such  time  as  the  City  Engineer  shall  re- 
quire. 

Sec.  10.  Bids  shall  be  opened  by  the  City  Engineer  same, 
on  the  day  notified,  at  the-  hour  of  12  o’clock,  M.,  in 
the  presence  of  the  Mayor,  and  - the  lowest  and  best 
bid  shall  be  accepted,  if  the  sureties  offered  be  accepted. 


Sec.  11.  The  performance  of  all  contracts  let  out,  Bond  of  com 

x . . tractor. 

shall  be  secured  by  bond,  signed  by  the  principal,  and 
at  least  two  sufficient  sureties,  to  be  approved  by  the 
Mayor,  which  penalties  shall  be  determined  by  the 
Mayor,  and  the  City  Attorney,  and  the  City  Engineer. 

Sec.  12.  If  the  person  whose  bid  is  accepted  shall  Failure  of  con- 
fail  to  enter  into  contract,  as  aforesaid,  the  City  Engi- 
neer may  award  the  contract  to  the  next  lowest  bidder, 
or  advertise  for  new  proposals,  as  in  his  judgment  he 
deem  best  for  the  interest  of  the  city  ; and  the  person 
so  failing  to  enter  into  contract,  shall  forfeit  on  the 
same  ten  per  cent.,  for  the  use  of  the  city,  to  be  col- 
lected, by  action,  in  favor  of  the  city  of  Davenport. 

Sec.  13.  All  contracts,  after  being  drawn  up,  shall  Contracts  ap- 

t-i  n ° -1-1*1  proved  and 

be  submitted  to  the  City  Engineer  tor  approval,  which,  recorded, 
if  given,  shall  be  endorsed  thereon,  and  the  whole  shall 
be  recorded  in  the  Engineer’s  office,  in  a book  furnished 
for  that  purpose  by  the  city. 

Sec.  14.  The  City  Engineer  shall  report  to  the  City  violation  of 
Council  all  violations  of  any  contracts,  and  it  may  sus- c011tlac1, 
pend  its  execution  when  the  contractor  fails  to  comply 
with  the  terms  thereof,  or  with  the  direction  of  the  City 
Engineer,  in  relation  to  and  consistent  therewith. 


Sec.  15.  No  person,  excavating  earth  or  stone,  on  any  Employccg  of 
public  street,  alley  or  ground,  belonging  to  the  city,  or city- 
other  public  place,  under  contract  with  the  city,  shall 
sell,  or  in  any  other  way,  dispose  of  the  stone  and  earth 
so  excavated,  except  under  the  direction  of  the  City 


CITY  ORDINANCES. 


[CHAP.  14. 


Requisites  of 
contract 


Encroachments 
on  streets. 


Must  not  be 
interested. 


132 

Engineer,  and  any  person  violating  this  provision  shall 
pay  to  the  city  three  times  the  value  of  such  property, 
to  he  recovered  by  action  of  debt  in  favor  of  the  city 
of  Davenport. 

Sec.  16.  Every  contract  entered  into  by  the  City 
Engineer,  as  aforesaid,  shall  contain  a clause,  stating 
that  the  same  is  entered  into,  subject  to  the  existing 
ordinances  of  the  city,  and  to  the  power  of  the  City 
Engineer  or  Council  to  suspend  or  amend  the  same  for 
a failure  on  the  part  of  the  contractor  to  fulfill  the  same, 
or  any  portion  thereof;  hut  that  such  suspension  or 
amendment  shall  not  effect  the  rights  of  the  city  to  all 
damages  or  penalties  claimable  by  it  on  account  of  the 
contractor’s  failure. 

Sec.  IT.  In  case  any  building  or  fence  he  found 
upon  any  street  or  alley  in  the  city,  it  shall  be  the  duty 
of  the  City  Engineer  forthwith  to  remove  the  same, 
and  for  this  purpose  he  may  call  in  the  aid  of  the  City 
Marshal  when  necessary,  who  shall  attend  at  the  place 
named  by  the  Engineer,  with  all  necessary  aid,  and 
shall  proceed  to  remove  the  same,  under  orders  of  the 
City  Engineer,  and  any  person  offering  resistance  to 
such  removal,  shall  pay  to  the  city  the  sum  of  fifty  dol- 
lars, to  be  recovered  by  action  in  favor  of  the  city  of 
Davenport,  provided  the  City  Council  be  first  consulted 
and  their  approval  had. 

Sec.  18.  The  City  Engineer,  during  his  continuance 
in  office,  shall  not  be  directly  or  indirectly  concerned  or 
interested  in  any  contract  made  with  the  city  for  any 
public  work,  under  the  penalty  of  being  removed  from 
office  by  the  City  Council,  and  forfeiting  twenty-five 
per  cent,  on  the  amount  of  such  contracts  to  the  city, 
to  be  recovered  by  suit  against  him  and  his  sureties  in 
favor  of  the  city  of  Davenport. 

Sec.  19.  The  City  Council  shall  have  the  power  to 
remoye  the  City  Engineer  from  office,  whenever  it 
clearly  appears  to  them  that  he  has  been  guilty  of  will- 
ful misconduct  in  office,  or  been  guilty  of  gross  negli- 


CHAPS.  14, 15  ] APPOINTMENTS  BY  CITY  COUNCIL  jgo 

gence  or  carelessness  in  tlie  performance  of  the  duties 
of  his  office. 

Sec.  20.  Whenever  the  City  Engineer  shall  estab-  Duty  as 

v ° . respects  grades. 

lisli  the  grade  of  any  street,  he  shall  write  out  a 
description  of  the  same,  which  description  shall  he  in- 
corporated into  any  ordinance  which  may  adopt  or  ^srg^ance  nec' 
change  the  same.  Grades  shall  hereafter  be  estab- 
lished and  changed  by  ordinance.* 

Sec.  21.  The  salary  of  the  City  Engineer  shall  be  Salary. 
live  dollars  per  day  for  every  day  he  is  actually  en- 
gaged in  work  for  the  city ; Provided , the  compensa- 
tion shall  not  exceed  six  hundred  dollars  per  annum. 

Sec.  22.  The  City  Engineer  shall  report  monthly  to  Monthly  report, 
the  City  Council,  a full  statement  of  the  number  of 
days  he  has  worked  for  the  city  the  month  next  pre- 
ceding, together  with  the  time  and  place  the  work  was 
done. 

Passed  and  approved  January  J,  1851;  December  30, 

1857  ; August  5,  1858 ; May  18,  1859. f 


CHAPTER  XY. 

AN  ORDINANCE  to  provide  for  the  appointment 
by  the  City  Council  of  a Street  Commissioner  and 
Sexton. 

Section  1.  There  shall  be  chosen  annually,  by  the„ 

J " Street  Coin- 

City  Council,  on  the  first  Wednesday  of  April,  after g^jJ^er  and 
the  annual  city  election,  a Street  Commissioner  and 
Sexton,  who  shall  hold  their  offices  for  the  term  of  one  r„ 

Term 

* Sec.  20,  above,  was  passed  by  City  Council  Sept.  12th,  IS66. 
t Liability  op  City  for  Acts  of  Engineer. — A private  injury  was  caused  by 
the  fall  of  a bridge  caused  by  a defect  in  the  plan  arising  from  want  of  skill  in  the 
City  Engineer.  On  the  maxim  of  respondeat  superior  the  city  was  held  liable.— 

Dayton  v.  Pease , 4 Ohio  St.  Rep.,  80. 

As  to  respondeat  superior  generally,  see  5 Cush.,  292  ; 8 Ohio  St.  R.,  358,  ( quere 
as  to  this  last  case’,)  and  see  5 id.,  3S  (rightly  decided);  2 Hilt.  (N.  Y.),  66;  id., 

4i0  ; 1 Black  (U.  S.),  39. 

See  also  notes  to  city  charter  ante  pp.  73,  75. 


Bond  and  oath. 


Duties  of  Street 

Commissioner 

enumerated. 


Salary.  See 
Chap.  17. 


Duties  of  Sex- 
ton. 


CITY  ORDINANCES.  [CHAIMS. 

year  from  the  first  Saturday  in  April,  and  until  tlieir 
successors  are  duly  elected  and  qualified.* 

Sec.  2.  Said  officers  shall  severally  give  bond,  and 
qualify  in  the  same  manner  as  the  City  Clerk,  Marshal, 
and  Treasurer  are  required  to  qualify  in  the  ordinance 
providing  for  their  election. 

Sec.  4.  It  shall  be  the  duty  of  the  Street  Commis- 
sioner to  appoint  two  deputies,  who  shall  be  entirely 
under  his  control  and  supervision,  but  who  shall  receive 
the  same  compensation  as  is,  or  may  be,  allowed  to  said 
Commissioner.  He  shall  have  the  oversight  and  super- 
vision of  repairs  of  streets  within  said  city  ; collect  all 
road  taxes  belonging  to  the  same  ; render  an  account, 
annually,  on  or  before  the  first  day  of’ January,  to  the 
City  Council,  showing  the  entire  amount  which  has 
been  received  by  him  for  poll  taxes,  and  in  a separate 
item  the  amount  received  by  him  as  property  road  tax, 
and  also  any  amount  which  may  - be  appropriated  from 
the  City  Treasury,  and  also  where  the  same  has  been 
expended,  and  render  any  other  account  connected  with 
his  office,  which  the  City  Council  may  require.  The 
compensation  of  the  Street  Commissioner  shall  be  two 
dollars  per  diem,  during  the  time  he  is  actually  em- 
ployed under  the  direction  of  the  City  Council,  to  be 
paid  from  the  road  fund  collected  by  him.f 

Sec.  5.  It  shall  be  the  duty  of  the  Sexton  to  attend  at 
the  city  cemetery  at  all  hours  when  called  upon,  and  shall 
dig  and  prepare  graves  in  the  usual  way,  the  same  five 
feet  deep,  and  of  sufficient  length  and  breadth  to  admit 
the  coffin,  (or  rough  box  to  contain  it,  if  one  should  be 
used.)  Tie  shall  keep  a register,  in  which  he  shall  re- 
cord each  individual’s  name  buried,  together  with  the 
time  of  burial,  age,  and  residence  of  deceased,  and  the 
number  of  lot  upon  which  they  are  buried.  He  shall 
see  that  all  graves  are  properly  filled  up  and  rounded, 
and  shall  make  a full  report,  at  the  last  regular  meeting 


* Powers  and  duties  of  Street  Commissioner,  see  Chap.  77. 
t See  Chap.  17  as  to  salary,  which,  being  the  later  ordinance,  governs. 


CHAPS.  35, 16.] 


CITY  ASSESSOR. 


135 

of  each  month,  of  the  above  facts,  and  a report  at  the 
last  regular  meeting  in  March,  which  shall  include,  in 
brief,  all  previous  reports  to  the  City  Council.  lie  shall 
also  report  any  damage  done  to  the  enclosure,  and  any 
fixtures  or  improvements  the  cemetery  may  have  re- 
ceived during  the  year,  together  with  such  other  facts 
as  the  City  Council  may,  by  ordinance  or  order,  require, 
lie  shall  receive  as  compensation  therefor,  for  a person 
of  ten  years  or  upwards  the  sum  of  two  dollars  and  a 
half,  and  for  children  under  ten  years,  the  sum  of  two 
dollars,  and  if  required  to  attend  to  the  duties  in  the 
night  time,  he  shall  be  paid  one  dollar  additional  for 
each  grave  dug. 

Passsed  and  approved  May  10,  1849. 

[By  ordinance  of  June  23, 1865,  the  Sexton  is  made  special  policeman  for  cem- 
etery.] 


CHAPTER  XYI. 

AN  ORDINANCE  relating  to  the  City  Assessor. 

Section  1.  At  the  regular  meeting  of  the  Council  Election  and 
in  December  of  each  year  the  City  Council  shall  elect term' 
a City  Assessor,  who  shall  hold  his  office  for  one  year 
and  until  his  successor  is  elected  and  qualified.* 

Sec.  2.  It  shall  be  the  duty  of  the  City  Assessor  to  Duty, 
take  an  assessment  of  the  real  and  personal  property 
within  said  city  subject  for  taxation  for  county  purposes, 
and  to  make  out  and  return  to  the  City  Clerk,  on  or  To  make  &B- 
before  the  first  day  of  May  of  each  year,  a list  of  all sessment* 
such  property,  with  its  value,  and  to  do  such  other  acts 
as  the  City  Council  may,  from  time  to  time,  by  ordi- 
nance or  resolution,  require. 

Sec.  3.  It  shall  be  the  duty  of  the  City  Assessor  in  samc. 
person,  to  take  an  assessment  of  all  the  real  and  per-  ^per- 
sonal property  within  said  city,  subject  to  taxation  for 
city  purposes ; and  all  books,  maps,  charts,  papers,  etc., 


*Thia  section  adopted  at  Sept,  meeting1, 1866. 


CITY  ORDINANCES. 


[CHAPS.  1G,  17. 


Salary. 


Bond. 


Office-room. 


Repeal. 


Plate. 


136 

used  in  taking  and  making  out  said  assessment,  shall  be 
held  to  belong  to  said  city,  and  shall  he  retained  in  the 
office  of  the  said  City  Assessor,  and  shall  he  delivered 
over  to  his  successor  in  office,  and  other  property  of  said 
city  in  the  custody  and  control  of  said  Assessor. 

Sec.  4.  The  salary  of  the  City  Assessor  shall  he  four 
hundred  dollars,  which  shall  he  in  full  compensation  for 
his  services  ; Provided  however  that  he  discharges  the 
duties  of  said  office  in  person,  payable  when  said  assess- 
ment list  is  completed  and  returned  to  the  City  Clerk, 
approved  by  the  Council. 

Sec.  5.  Before  entering  upon  the  duties  of  his  office, 
the  City  Assessor  shall  give  bond,  with  sureties,  to  he 
approved  by  the  City  Council,  in  the  sum  of  fifteen 
hundred  dollars,  conditioned  for  the  faithful  perform- 
ance of  his  duties  in  said  office. 

Sec.  6.  The  City  Assessor  shall  keep  and  have  an 
office,  and  as  conveniently  as  may  he  to  the  office  of  the 
City  Marshal ; and  all  the  hooks,  papers,  maps,  and 
other  property  pertaining  to  said  office,  and  not  required 
to  he  delivered  to  any  other  city  officer,  shall  he  care- 
fully kept  and  preserved  in  said  office,  subject  to  the 
inspection  of  all  persons  who  may  desire  access  thereto. 

Sec.  7.  All  ordinances  or  parts  of  ordinances  in 
conflict  herewith  are  hereby  repealed. 

Sec.  8.  It  shall  he  the  duty  of  the  City  Assessor  to 
make  or  cause  to  he  made  a plat  hook  each  and  every 
year. 

Passed  and  approved  Dec.  15,  1858,  Jan.  1,  1862. 

[City  Assessor  also  Deputy  Collector,  see  Chap.  18  ] 


CHAPTER  XVII. 

ARTICLE  1. 


AN  ORDINANCE  relating  to  salaries. 
Section  1.  That  hereafter  the  compensation  of  all 


CHAP.  17.] 


SALARIES  OF  CITY  OFFICERS. 


137 

officers,  and  of  the  Mayor  and  Aldermen  of  the  city  of Salariestixed* 
Davenport  shall  he  as  established  by  this  ordinance, 
and  in  case  no  provision  is  made  herein  for  receiving  # 

and  retaining  fees,  salary  and  compensation  by  the  offi- 
cers in  this  ordinance,  mentioned  as  perquisites  of  office  perquisites 
or  position,  none  shall  be  so  retained,  bnt  the  same lorblddel1, 
shall  be  accounted  for  and  paid  into  the  City  Treasury 
as  funds  belonging  to  said  city,  whether  received  by 
virtue  of  an  office  under  an  ordinance,  or  of  an  office  cre- 
ated by  the  city  charter,  or  otherwise,  and  shall  be  paid 
over  to  the  City  Treasurer  within  five  days  after  such 
officer  received  the  same. 

Sec.  2.  As  a full  compensation  for  faithful  official  Marshal  ana 
duty,  the  following  per  annum  allowances  are  hereby 
made,  payable  semi-quarterly,  to  the  respective  officers 
herein  named,  to-wit : 

To  the  City  Marshal,  eight  hundred  dollars. 

To  the  City  Clerk,  three  hundred  and  fifty  dollars.* 

In  addition  to  the  above  annual  allowance,  the  said 
Clerk  shall  be  entitled  to  receive  fees  that  are  now  or  Clerk’3 
hereafter  may  be  allowed  for  issuing  licenses,  making 
certificates,  and  furnishing  transcripts  of  papers  and 
records  in  his  office,  and  for  affixing  the  seal  to  official 
documents,  for  such  services  the  same  fees  and  compen- 
sations as  are  allowed  the  Clerk  of  the  District  Court 
for  similar  services  ; Provided , however , that  in  no  case  city  not  liabi 
shall  the  city  of  Davenport  be  required  to  pay  for  such 
services.  To  the  City  Marshal,  fees  as  police  officer,  to 
be  the  same  as  is  allowed  Sheriffs  for  similar  services*/  aK 
Provided , however , that  the  city  of  Davenport  shall  in 
no  case  be  required  to  pay  for  such  services,  unless  such 
compensation  as  the  City  Council  may  deem  reasonable 
and  just  for  the  removal  of  nuisances,  and  for  comply- 
ing with  special  orders  of  the  City  Council. 

Sec.  3.  The  Police  Magistrate  shall  receive  fees  as  Po]iee  M ifl_ 
costs,  such  as  are  now  or  hereafter  shall  be  provided  for trate’8  lees- 


These  sums  fixed  by  ordinance  passed  April  13, 1SG5. 

IS 


CITY  ORDINANCES. 


[CHAP.  IT. 


Who  pay  fee. 


Mayor’s  salary. 


Aldermen’s 

salary. 


138 

by  law  for  Justices  of  tlie  Peace  for  similar  services. 
Nor  shall  said  Police  Magistrate  hereafter,  by  virtue  of 
bis  said  office,  receive  any  amount  by  way  of  salary  or 
otherwise,  out  of  the  treasury  of  the  city  of  Davenport, 
or  retain  the  same  from  any  amount  of  collections  in 
his  possession  belongingto  said  city.  Nor  shall  the  city 
of  Davenport  pay  costs  for  suits,  complaints,  or  prose- 
cutions commenced,  carried  on,  or  determined  on  orig- 
inal, mesne  or  final  process,  whether  in  criminal  or  civil 
proceedings,  unless  complaint  is  lodged  before  him  by 
the  Mayor,  City  Attorney  or  Marshal,  nor  then  if  the 
defendant  is  found  guilty,  and  the  amount  of  costs  found 
due  against  him  can  he  made  of  execution  ; Provided , 
however,  nothing  herein  contained  shall  prevent  any 
person  or  persons  entering  complaint  for  violation  of  the 
ordinances  of  said  city  before  said  Police  Magistrate,  at 
their  own  costs  and  charges,  without  any  liability  attach- 
ing to  said  city  by  reason  of  such  complaint,  and  the 
city  shall  in  no  event  be  liable  therefor. 

Passed  March  23,  1859.  (Sec.  4 repealed). 

ARTICLE  2. 

AN  ORDINANCE  to  regulate  the  compensation  of  the 

Mayor  and  the  Aldermen  of  the  city  of  Davenport. 

Section  1.  Be  it  enacted  foy  the  City  Council  of  the 
city  of  Davenport , That  from  and  after  the  first  Satur- 
day in  April,  1861,  the  Mayor  of  said  city  of  Daven- 
port shall  receive  in  full  compensation  for  his  official 
services,  a salary  of  one  hundred  dollars  per  annum, 
payable  quarterly. 

Sec.  2.  That  from  and  after  the  first  Saturday  of 
April,  1861,  each  Alderman  of  said  city  of  Davenport 
shall  receive  in  full  compensation  for  his  official  ser- 
vices, a salary  of  one  hundred  dollars  per  annum,  pay- 
able quarterly. 

Sec.  3.  That  all  ordinances  and  parts  of  ordinances 
in  conflict  with  this  ordinance  are  hereby  repealed. 

Adopted  August  3,  1861. 


CHAP.  17.] 


SALARIES  .-ATTENDANCE,  &c. 


139 


ARTICLE  3. 

AN  ORDINANCE  providing  for  the  salaries  of  cer- 
tain city  officers. 

Section  1.  The  salaries  of  the  officers  hereinafter  street  commis- 
namecl  shall  be  as  follows,  to-wit : The  salary  of  the 
Street  Commissioner  shall  be  $500  per  annum ; the 
salary  of  the  City  Attorney  shall  be  $500  per  annum ; Clty  Attorney- 
the  salary  of  the  City  Treasurer  shall  be  $250  per Treasurer* 
annum.* 

Sec.  2.  Said  salaries  shall  be  paid  quarterly,  and  When  payable, 
shall  be  paid  in  full  for  all  services,  but  the  City  Attor- 
ney shall  be  allowed  traveling  expenses  in  addition  to 
his  salary,  whenever  professionally  engaged  outside  of 
Scott  county. 

Sec.  3.  All  ordinances  and  parts  of  ordinances  con-RePeal 
flicting  herewith  are  hereby  repealed. 

Passed  and  approved  May  1,  1861. f 

ARTICLE  4. 

AN  ORDINANCE  to  secure  the  attendance  of  Mem- 
bers of  the  Council  and  other  officers  at  the  meetings 

of  the  Council. 

Section  1.  It  shall  be  the  duty  of  the  Mayor  and  Duty  of  Mayor 
of  each  Alderman  to  attend  every  meeting,  regular  and  to  attend  coim- 
special,  of  the  Council,  and  whoever  fails  to  do  so  shall 
forfeit  for  each  meeting  which  he  fails  to  attend  the 
one-twelfth  of  his  annual  salary,  and  the  same  shall  be  faiiure.ure  for 
deducted  from  his  salary ; and  said  forfeiture  shall  not 
be  remitted  by  the  Council  unless  the  member  files  an 
affidavit  at  the  next  meeting  of  the  Council,  stating  that 
he  was  absent  from  the  city  at  the  time  of  the  meeting, 
or  that  he  was  prevented  by  sickness  of  himself  or  fam- 
ily, or  by  other  unavoidable  cause,  from  attending  the 

* Amended  as  to  City  Treasurer  so  as  to  read  as  above  printed,  April  13, 1865. 

t Deduction,  for  absence  or  neglect  of  duty,  from  salaries,  see  Cbap.  62. 

Salary  op  Street  Commissioner.— Salary  of  Street  Commissioner  fixed  at  $500 
from  and  after  April,  1866,  by  the  action  of  the  City  Council  pp  Sept.  29, 1866. 


CITY  ORDINANCES. 


[CHAPS.  17,  IS. 


140 

meeting  of  the  Council.  This  section  shall  not  apply 
to  any  member  who  shall  fail  to  attend  a special  meet- 
ing of  which  he  has  had  no  notice. 

MaTshaif  cierk  Sec-  2.  It  shall  he  the  duty  of  the  Marshal,  Clerk, 
t?rney.Uy  At',,an(l  City  Attorney  to  attend  every  such  meeting,  and  if 
they  or  either  of  them  fail  to  do  so,  they  shall  forfeit 
the  sum  of  ten  dollars  for  each  failure,  to  he  deducted 
from  their  salaries,  unless  the  amount  be  remitted  by 
the  Council  upon  an  affidavit  hied  similar  to  the  above 
required  from  the  Mayor  and  the  Aldermen. 

Passed  and  approved  Sept.  13.  1866. 

[Note.— Compensation  of  Policemen,  see  Chap.  48.  Power  of  Council  to  fix 
salaries,  &c..  see  ante  pp.  40,  44,  57,  74]. 


CHAPTER  XVIII. 

ARTICLE  1. 

AN  ORDINANCE  in  relation  to  Draymen , Carmen , 
Hackmen , Arc. 

Draymen,  &e.;  Section  1.  Be  it  enacted  by  the  City  Council  of  the 

to  obtain  license  ini  ” 

City  of  Davenport,  Ho  person  shall,  within  the  limits 
of  the  city  of  Davenport,  be  permitted  to  perform  the 
duties  which  ordinarily  belong  to  a public  drayman, 
carman,  teamster,  wagoner,  cabman,  liackman,  or  coach- 
man, for  the  carriage  of  goods,  wares  and  merchandise, 
baggage  or  other  property,  or  passengers,  for  profit  or 
gain,  without  first  having  obtained  a license  from  the 
Clerk  of  the  city,  for  which  he  shall  pay  yearly  to  the 

Fee  for.  City  Marshal  the  sum  of  five  dollars,  and  a fee  of  fifty 

See  Art.  3 of  J n J 

this  chapter,  cents  to  the  Clerk  for  issuing  the  same. 

Pond  required  Sec.  2.  Before  any  such  drayman,  carman,  teamster, 
wagoner,  cabman,  liackman,  or  coachman  shall  receive 
such  license,  he  shall  give  a bond  in  the  penal  sum  of 
five  hundred  dollars,  with  security,  to  the  city  of  Dav- 
enport for  the  use  of  whomsoever  it  may  concern,  to  be 
approved  by  the  Clerk,  conditioned  that  said  drayman, 


CHAP.  18.] 


DRAYMEN,  CARMEN,  HACKMEN,  &c. 


Ill 

carman,  teamster,  wagoner,  cabman,  hackman,  or  coacli- Condition  of- 
man,  shall  perform  all  the  duties  belonging  to  said  dray- 
man, carman,  teamster,  wagoner,  cabman,  hackman,  or 
coachman ; that  he  will  promptly  and  safely  deliver  all 
passengers  at  the  place  of  their  destination  within  said 
city  ; and  all  property  left  with  him  to  the  person  or 
persons  for  whom  it  is  marked  or  designated,  in  a reas- 
onable time  after  its  delivery ; and  that  he  will  abide 
by  and  perform  all  ordinances,  orders  or  resolutions 
which  the  City  Council  may  hereafter  adopt  for  his 
government  and  direction. 

Sec.  3.  Said  drayman,  carman,  teamster,  wagoner,  Number  on 
cabman,  hackman,  or  coachman,  shall  cause  the  number  dray,&t‘ 
of  his  license  to  be  painted  on  his  dray,  wagon,  cart, 
cab,  hack,  or  coach,  in  some  conspicuous  place,  and  shall 
furnish  to  all  persons,  when  demanded,  a printed  or 
written  receipt  for  whatever  goods,  wares,  merchandise  Receirt- 
or  other  articles,  are  delivered  to  his  care. 

Sec.  4.  The  said  drayman,  carman,  teamster,  wag-  Rates  and 
oner,  cabman,  hackman,  or  coachman,  when  his  bond charges- 
has  been  given  and  approved,  his  dray  or  cart  num- 
bered, and  his  license  obtained,  shall  be  allowed  the 
following  charges,  towit : For  carrying  one  passenger 

any  distance  within  said  city  not  exceeding  one  mile, 
twenty-live  cents  ; for  every  additional  mile  or  fraction 
of  a mile,  twenty-live  cents  more ; for  the  drayage, 
loading  and  unloading  of  any  load  of  goods,  wares, 
merchandize,  lumber,  passengers,  baggage  or  articles 
of  personal  property,  not  exceeding  two  thousand 
pounds,  any  distance  not  exceeding  one  mile,  the  sum 
of  twenty-five  cents,  and  for  any  greater  distance, 
for  every  additional  mile  or  fraction  of  of  a mile, 
twenty-five  cents  more ; and  if  such  load  exceed  two 
thousand  (2,000)  pounds  in  weight,  for  any  distance 
not  exceeding  one  mile,  the  sum  of  fifty  cents,  and 
for  every  additional  mile  or  fraction  of  a mile,  thirty- 
five  cents  more ; for  one  day’s  work  with  horse  and 
dray  or  cart  and  driver,  the  sum  of  two  dollars  and 


CITY  ORDINANCES. 


[CHAP.  18. 


Penalty. 


Same. 


Stopping 

defined. 


142 

fifty  cents  ; for  one  clay’s  work  with  wagon,  two  horses 
and  driver,  the  sum  of  three  dollars  and  fifty  cents. 

Sec.  5.  Any  person  who  shall  undertake  to  perform 
the  duties  of  drayman,  carman,  teamster,  wragoner,  cab- 
man, hackman  or  coachman,  without  having  taken  out 
a license  and  given  bond  as  hereinbefore  provided,  in 
accordance  with  this  ordinance,  shall  be  fined  not  less 
than  ten  nor  more  than  fifty  dollars,  on  conviction  be- 
fore the  Mayor  or  Police  Magistrate,  with  costs. 

Sec.  6.  If  any  drayman,  carman,  teamster,  wagoner, 
cabman,  hackman,  or  coachman,  shall  charge,  demand, 
or  receive  from  any  person  a greater  sum  for  his  ser- 
vices, as  such  drayman,  carman,  teamster,  wagoner, 
cabman,  hackman,  or  coachman,  than  the  amounts 
authorized  to  be  charged  therefor,  or  if  he  shall  refuse 
to  receive  goods  for  drayage,  or  to  deliver  to  the  proper 
person,  any  baggage,  goods,  wares  or  merchandize,  or 
other  articles  of  personal  property,  or  to  transport  pas- 
sengers, without  being  paid  a greater  sum  for  the  dray- 
age or  carriage  thereof,  than  he  is  authorized  to  charge, 
the  proper  charge  being  tendered  for  his  services,  he 
shall  for  each  offense  forfeit  and  pay  a fine  to  said  city 
not  exceeding  ten  dollars  and  costs. 

Sec.  7.  That  an  ordinance  passed  and  approved  12th 
July,  A.  D.  1856,  is  hereby  repealed,  Provided , that 
this  section  shall  not  invalidate  licenses  already  issued 
for  their  unexpired  term. 

Passed  and  approved  November  1st,  A.  D.  1865. 

[Note.— Charter  gives  Councilpower  to  license,  tax,  regulate  and  fix  prices  of 
draymen,  & c.  Ante,  p.  39. 


ARTICLE  2. 

AN  ORDINANCE  concerning  Draymen  and  Team- 
sters. 

Section  1.  That  no  owner  or  driver  of  any  licensed 
hackney  coach,  cab,  omnibus,  dray,  cart,  or  other  car- 
riage or  vehicle,  shall  make  any  stand  or  stopping  place 


DRAYMEN  AND  TEAMSTERS. 


CHAP.  18.] 


143 


in  any  street,  lane,  avenue  or  alley  in  this  city,  except 
in  the  places  designated  as  follows,  namely  : 

On  the  eastern  side  of  Le  Claire  street,  between 
Fourth  and  Sixth  streets. 

On  the  north  side  of  Depot  street. 

On  or  alone:  the  northern  and  southern  side  of  Front 
street,  and  on  the  Levee. 

On  and  along  the  sides  of  any  street  adjoining  any 
public  square. 

On  and  along  the  eastern  side  of  Iowa  street,  between 
Third  and  Fifth  streets. 

On  the  side  of  any  street,  lane,  avenue,  or  alley,  in 
East  Davenport,  east  of  Bridge  Avenue,  in  [North  Dav- 
enport, north  of  Twelfth  street,  and  in  West  Daven- 
port, west  of  Warren  street,  subject  to  the  direction  of 
the  City  Marshal. 


Sec.  2.  No  owner  or  driver  of  any  hackney  coach,  conduct  of 

. i . . drivers  regu- 

cab,  omnibus,  dray,  cart,  or  carriage,  or  other  vehicle,  lated. 
while  waiting  for  employment  at  any  stand,  railroad 
depot  or  other  public  place  in  said  city,  shall  unneces- 
sarily snap  or  flourish  a whip,  or  use  indecent  or  pro- 
fane language,  or  be  guilty  of  boisterous  or  loud  talk- 
ing or  any  disorderly  conduct,  or  vex  or  annoy  travelers 
or  citizens,  or  obstruct  any  sidewalk,  and  such  owners 
and  drivers  are  required  to  obey  any  and  all  regulations 
and  rules  adopted  by  any  railroad  company  or  other 
association  or  person  for  the  promotion  of  order  at  any 
public  landing,  railroad  depot,  or  other  public  place  in 
said  city,  not  inconsistent  with  the  ordinances  of  the 
city,  and  the  police  regulations  thereof. 

Sec.  3.  The  City  Marshal,  any  police  officer,  or  Police  power 
member  of  the  police  department  shall  have  power  to  over‘ 
arrest  any  person  offending  against  any  or  either  of  the 
provisions  of  this  ordinance,  or  any  person  who  refuses 
or  neglects  to  desist  from  any  such  offense  when  com- 
manded ; and  such  officer  or  either  of  them  shall  have 
power  to  give  any  direction  which  they  may  deem  nec- 
essary for  the  preservation  of  good  order  and  con- 


CITY  ORDINANCES 


[CHAP.  18. 


Disturbance 

prohibited. 


Penalty. 


Prior  licenses. 


Repeal  clause. 


Term  of  license. 


144 

venience  of  tlie  public,  at  any  railroad  depot,  termina- 
tion, public  place,  station  or  steamboat  landing  within 
the  city  ; and  no  owner  or  driver  of  any  of  the  vehicles 
mentioned  in  this  ordinance  shall  refuse  or  neglect  to 
obey  such  directions,  or  shall  interfere  with  any  officer 
as  to  such  directions,  or  shall  resist  or  interfere  wTith  any 
such  officer  in  the  discharge  of  his  said  duties. 

Sec.  4.  No  driver  of  any  hack,  coach,  dray,  or  other 
vehicle,  shall  make  any  disturbance  in  or  about  any 
landing,  depot  or  other  public  place,  or  shall  make  use 
of  any  rude  or  indecent  language. 

Sec.  5.  Any  person  who  shall  violate  any  or  either 
of  the  provisions  of  this  ordinance,  or  any  section, 
clause  or  provision  of  any  section  thereof,  or  wdio  shall 
neglect  or  fail  to  comply  with  any  or  either  of  the  re- 
quirements thereof,  shall  be  deemed  guilty  of  a misde- 
meanor, and  shall,  on  conviction  thereof,  pay  a fine  of 
not  less  than  five  nor  more  than  twenty  dollars,  in  the 
discretion  of  the  Mayor  or  Police  Magistrate  before 
whom  such  conviction  is  had,  and  shall  in  addition 
thereto,  in  the  discretion  of  the  Mayor,  forfeit  his 
license. 

Sec.  6.  Nothing  herein  contained  shall  affect  any 
license  heretofore  issued,  and  all  persons  heretofore 
licensed  shall  in  all  respects  be  subject  to  the  provisions 
of  this  ordinance. 

Sec.  7.  All  ordinances  and  resolutions  in  conflict 
with  this  ordinance,  be  and  the  same  are  hereby 
repealed. 

Passed  and  approved  June  16,  1858. 

ARTICLE  3. 

AM  ORDINANCE  relating  to  Dray , Wagon,  and 
Coach  Licenses. 

Sec.  1.  That  hereafter  all  licenses  issued  by  the 
Clerk  for  drays,  wagons  and  coaches,  shall  be  for  the 
term  of  one  year,  commencing  January  1st  and  ending 
December  31st  of  each  year. 


CHAPS.  19, 20.]  FIRE-ARMS,  &c.— DOGS. 

[Tlie  remainder  of  this  section  is  repealed  by  Sec.  1, 
Art.  1,  of  Chap.  18]. 

Passed  and  approved  Feb.  1,  1860. 

[Amended  December  14, 1864;  and  Bee  also  Chap.  18,  Art.  1,  Sec.  1.] 


CHAPTER  XIX. 

AN  ORDINANCE  to  prohibit  tlie  discharge  of  fire- 
arms, fire-crackers , and  rockets  within  the  city. 

Sec.  1.  Ho  person  shall  discharge  any  gun,  pistol,  what  prohib- 
or  other  fire-arms,  or  use  or  discharge  any  fire-crackers, 
rockets,  or  any  other  description  of  fire-works,  within 
the  limits  of  said  city,  without  permission  in  writing 
from  the  Mayor. 

Sec.  2.  Any  person  violating  any  provision  of  this  Penalty, 
ordinance,  shall  pay  a fine  of  not  less  than  two  dollars 
nor  more  than  ten  dollars  for  each  offense. 

Passed  and  approved  June  11,  1812,  and  January  21, 

1855. 

[Note.— See  charter,  pp.  39  and  40,  as  to  power  of  Council  to  pass  ordinances 
of  this  character]. 


CHAPTER  XX. 

ARTICLE  1. 

AN  ORDINANCE  to  prevent  the  increase  of  and  to 
prohibit  dogs  from  running  at  large  in  the  city  of 
Davenport  A 

Sec.  1.  It  shall  not  be  lawful  for  any  animal  of  the  when  to  be 
dog  kind  to  run  at  large  in  the  city  of  Davenport,  from  muzzled* 
the  first  day  of  June  until  the  first  day  of  September 
of  each  year,  unless  the  same  be  securely  muzzled,  so 


*See  Index— Vicious  Animals, 

19 


CITY  ORDINANCES. 


[CHAP.  20. 


Penalty. 


Proclamation. 


Marshal’s  duty, 


When  may  run 
at  large. 


Who  owner. 


Registry  re- 
quired. 


146 

that  no  injury  can  possibly  result  from  the  bite  of  such 
animal. 

Sec.  2.  Any  animal  of  the  dog  kind,  so  found  run- 
ning at  large  without  being  muzzled  as  aforesaid,  is 
hereby  declared  a nuisance,  and  it  shall  be  the  duty  of 
the  Marshal  to  kill  such  dog. 

Sec.  3.  The  Mayor  may,  at  any  time,  issue  his  proc- 
lamation directing  the  owners  of  dogs  to  confine  or 
muzzle  their  dogs  for  such  length  of  time  as  he  thinks 
proper,  and  any  of  the  canine  species  found  running  at 
large  without  being  so  muzzled  during  the  time  named 
in  said  proclamation,  shall  be  killed. 

Sec.  4.  The  Marshal  is  hereby  required  to  kill  a 
bitch  found  at  large  in  the  streets  of  the  city,  while  in 
heat. 

Passed  and  approved  April  22, 1854,  and  July  14, 1855. 
article  2. 

AN  ORDINANCE  providing  for  the  registering , im- 
pounding and  taxing  of  dogs. 

Sec.  1.  Be  it  enacted  fog  the  City  Council  of  the  City 
of  Davenport , That  it  shall  not  be  lawful  for  any  ani- 
mal of  the  canine  species  to  run  at  large  in  the  city  of 
Davenport,  from  the  first  day  of  June  until  the  first 
day  of  September  of  each  year,  unless  the  same  be 
securely  muzzled,  so  that  no  injury  can  result  from  the 
bite  of  such  animal,  nor  at  any  other  time  of  the  year, 
unless  in  accordance  with  the  provisions  of  this  ordi- 
nance. 

Sec.  2.  Any  person  shall  be  considered  as  the  owner 
of  a dog  who  shall  harbor  or  let  the  same  habitually 
remain  or  be  fed  in  or  about  his  or  her  house,  store,  or 
enclosure ; and  it  shall  be  the  duty  of  every  such  owner 
of  a dog  to  register  the  same  with  the  City  Clerk,  as 
provided  in  Sec.  3 of  this  ordinance. 

Sec.  3.  Any  owner  of  a dog  shall,  on  making  appli- 
cation to  the  City  Clerk  to  register  the  same,  receive  a 


Check. 


CHAP.  20  J REGISTERING  AND  IMPOUNDING  DOGS.  ] 47 

brass  or  copper  check  therefor,  which  check  shall  be 
numbered  in  the  regular  corresponding  order  of  the 
registry  book  ; and  the  Clerk  shall  charge  therefor  one  Fee  aud  lax 
dollar  as  tax  to  go  into  the  City  Treasury,  and  thirty 
cents  as  registry  fees,  to  belong  to  the  Clerk.  The 
check  so  delivered  by  the  Clerk  shall  be  secured  around 
the  neck  of  the  dog  registered,  and  any  person  who 
shall  put  upon  their  dog  any  check  of  the  kind  referred 
to  herein,  except  it  shall  have  been  received  from  the 
Clerk,  shall  be  fined  five  dollars;  and  it  shall  be  thcrenalty* 
duty  of  the  Marshal  to  consider  such  dog  as  a nuisance, 
and  dispose  of  the  same  as  is  provided  in  section  four 
herein. 

Sec.  d.  Any  dog  found  running  at  large  between 
the  dates  specified  in  section  first  of  this  ordinance 
without  a muzzle,  or  at  any  time  of  the  year,  without  a 
check  provided  for  in  section  three  of  this  ordinance,  is 
hereby  declared  a public  nuisance,  and  it  shall  be  the  impounding, 
duty  of  the  Marshal  to  cause  such  dog  so  found  to  be 
taken  up  and  placed  in  a pound  to  be  provided  by  the 
Marshal,  and  shall  be  kept  therein  for  the  period  pf  two 
days,  when,  if  no  person  shall  claim  the  same,  the 
Marshal  shall  offer  the  said  dog  at  public  auction  with- 
out notice,  and  if  no  bid  to  the  cost  of  one  dollar  be  re- 
ceived therefor,  it  shall  be  the  duty  of  the  Marshal  to 
kill  such  dog. 

Sec.  5.  Any  person  applying  at  the  pound  for  any  penalty, 
dog  that  may  have  been  impounded,  shall,  before  re- 
ceiving such  dog  from  the  Marshal,  pay  into  his  hands 
a penalty  of  one  dollar  for  each  dog  delivered  to  the 
said  applicant,  and  shall  in  addition  cause  said  dog  to 
be  registered  as  provided  for  in  section  three  of  this 
ordinance. 

Sec.  6.  Whenever  any  dog  shall  be  found  unregis- Tax-how  en- 
tered, the  Marshal  shall  cause  the  same  to  be  done  and  lected‘ 
collect  the  expense  and  tax  therefor,  from  the  owner  of 
such  dog,  and  whenever  any  owner  of  any  dog  shall 
refuse  to  pay  any  tax  or  charges  created  by  this  ordi- 


CITY  ORDINANCES. 


[CHAP.  20. 


Penalty. 


Marshal’s  fee. 


Marshal’s  duty. 


Repeal. 


Amendment. 


148 

nance,  on  his  or  her  clog,  the  Marshal  shall  proceed  by 
levy  and  distress  upon  the  property  of  said  owner  th 
collect  such  tax  or  charges,  the  same  as  is  provided  for 
in  any  other  delinquent  taxes. 

Sec.  7.  Any  person  found  violating  or  evading  this 
ordinance,  or  who  may  refuse  to  register  their  dog,  or 
who  shall  deny  ownership  of  any  dog  belonging  to 
them,  shall  be  subject  to  a fine  of  not  less  than  one,  or 
more  than  ten  dollars. 

Sec.  8.  The  City  Marshal  shall  receive  from  the 
city  fifty  cents  for  each  dog  by  him  taken  up  and  im- 
pounded or  killed.  This  amount  is  to  be  collected  from 
the  owner  and  refunded  to  the  city. 

Sec.  9.  The  Marshal  is  hereby  required  to  kill  any 
bitch  at  large  in  the  streets  of  the  city,  while  in  heat ; 
and  the  killing  of  dogs  by  him,  in  pound,  shall  be  done 
in  any  manner,  except  by  poison,  as  he  may  think 
proper. 

Sec.  10.  All  ordinances  or  parts  of  ordinances  in 
conflict  with  the  provisions  of  this  ordinance,  are  hereby 
repealed. 

Passed  and  approved  June  29,  1859. 


AN  ORDINANCE  amending  an  ordinance  providing 
for  the  registering  of  dogs  A 

Section  1.  Be  it  enacted  by  the  City  Council  of  the 
city  of  Davenport , That  so  much  of  the  ordinance  en- 
titled “An  ordinance  providing  for  the  registering,  im- 
pounding and  taxing  of  dogs,”  passed  June  29,  1859, 
be  so  amended  as  not  to  compel  the  Marshal  to  impound 
said  dogs,  but  authorize  him  to  kill  them  upon  sight,  in 
any  manner  he  may  choose. 


* Under  the  ordinance  as  amended,  the  Marshal  has  an  election  either  to  im 
pound  or  kill.  If  he  chooses  to  impound  he  must  proceed  strictly  as  provided  in 
the  original  ordinance.  Whether  he  impounds  or  kills,  the  owner  of  the  unregis- 
tered dog  is  liable  to  pay  the  tax,  and  also  to  the  penalties  prescribed  by  the 
ordinance. 

See  as  to  power  of  City  Council,  ante , p.  3$. 


CHAP.  21.]  PREVENTING  FIRES.  ]qg 

Sec.  2.  All  ordinances  in  conflict  with  this  be  and 
are  hereby  declared  repealed. 

Passed  and  approved  June  19,  1861. 


CHAPTER  XXI. 

AN  ORDINANCE  for  preventing  fires  in  the  City 
of  Davenport. 

Sec.  1.  There  % shall  he  appointed  annually,  on  the  ^ro  wardens 
first  Wednesday  in  April,  one  or  more  Eire  Wardens  for 
said  city,  who  shall  serve  for  one  year  unless  sooner 
removed  by  the  City  Council,  and  shall  perform  such 
duties  as  shall  he  required  of  them  hy  the  ordinances 
of  said  city,  and  to  receive  such  compensation  as  the 
City  Council  may  deem  reasonable  and  right. 

Sec.  2.  The  Fire  Warden  or  Wardens  are  hereby  and 
authorized  to  enter  any  house  or  building,  lot  or  premi- 
ses, in  said  city,  between  sun-rising  and  setting,  on  any 
week  day,  for  the  purpose  of  examining  any  fire-places, 
hearths,  chimneys,  stoves  or  stove-pipes,  ovens,  boilers, 
kettles,  or  other  apparatus  or  fixtures,  which  may  be 
dangerous  in  causing  or  promoting  fire,  and  when  any 
danger  shall  appear  from  any  apparatus  as  aforesaid,  he 
or  they  may  direct  the  owner,  agent,  or  occupant  of  any 
premises  containing  any  of  the  dangers  aforesaid,  in 
writing,  to  remove,  alter,  or  amend  the  same  in  such 
manner,  and  within  such  time  as  they  may  deem  reas- 
onable and  just ; and  any  person  or  persons  who  shall 
resist  the  entrance  of  the  Fire  Warden  or  Wardens,  as 
aforesaid,  into  any  premises  as  aforesaid,  or  shall  neg- 
lect or  refuse  to  attend  to  the  directions  given  for  alter- 
ing, amending,  or  removing  any  of  the  dangers  afore- 
said, shall  be  considered  to  have  resisted  the  provisions 
of  this  ordinance,  and  shall  be  liable  to  the  fine  herein- 
after named.* 

* Further  as  to  additional  duties  of  Fire  Wardens,  and  constituting  Aider- 
men  ex-officio  Fire  Wardens,  see  ordinance  relating  to  Fire  Department;  see  in- 
dex, “Fire  Department;”  also,  Chap.  24  as  to  fire  limits. 


Stoves. 


Pipe. 


Chimneys. 


Combustibles 
in  streets. 


Hay,  &c. 


Lights. 


150  CITY  ORDINANCES.  [CHAP.  21. 

Sec.  3.  It  shall  be  the  duty  of  persons  using  a tight 
stove  or  stoves,  in  any  house,  store,  shop,  or  building 
within  this  city,  to  have  a metal  plate,  or  a platform  of 
stone,  brick,  sheet-iron,  zinc  or  earth  under  the  said  stove 
or  stoves,  extending  at  least  six  inches  in  every  direction 
beyond  that  part  of  the  lower  plate  that  fronts  the  door 
of  said  stove  or  stoves  ; and  all  stove-pipes,  at  their 
intersection  with  any  floor,  partition,  roof,  or  side  of  a 
house  through  which  they  pass,  shall  he  made  to  pass 
through  a crock  or  tin  ventilator ; or  if  it  pass  through 
a window,  it  shall  he  enclosed  with  till  or  other  metal, 
and  all  chimneys  shall  extend  at  least  two  and  a half 
feet  beyond  the  roof  or  side  of  a house  through  which 
they  pass,  and  if  a stove-pipe  through  the  side  of  a house, 
it  shall  he  capped  with  a cross-pipe  not  less  than  eigh- 
teen inches  in  length ; and  no  person  shall  be  permitted 
to  place  a stove-pipe  through  any  building  so  as  to  pro- 
ject into  the  street. 

Sec.  4.  No  person  or  persons  shall  burn  any  shavings 
or  other  combustibles  in  any  street,  lane,  lot,  yard, 
square,  or  beach  in  this  city,  except  those  wdiose  busi- 
ness necessarily  requires  out-door  Are,  (not  then,  if,  in 
the  opinion  of  the  Fire  Warden,  the  Are  endangers  any 
building,)  and  shall  be  immediately  extinguished  so 
soon  as  the  purpose  is  effected  for  which  it  was  built, 
nor  shall  it  be  lawful  for  any  person  to  boil  varnish  or 
oil  within  twenty  feet  of  any  building. 

Sec.  6.  No  person  shall  put  or  keep  any  wheat,  rye, 
oats,  barley,  hay,  straw,  or  fodder  in  sheaf,  stack  or 
pile,  within  one  hundred  feet  of  any  building  wherein 
a tire  may  be  kept,  (except  it  be  in  a stable,  barn  or 
ware-house,)  nor  in  any  dwelling  house  where  fire  is 
used  for  any  purpose,  nor  shall  any  owner  or  occupant 
of  any  stable  within  the  limits  of  said  city,  or  any  per- 
son in  their  employ,  be  allowed  to  use  therein  a lighted 
candle  or  any  other  light  except  the  same  be  secured 
within  a tin,  horn  or  glass  lantern. 

Sec.  0.  If  any  chimney  within  said  city  shall  take 


CHAPS.  21^  22,]  DEPOT  AND  FARNAM  STREETS. 

lire  by  reason  of  it  not  having  been  properly  cleaned  or  j^nmg  chira‘ 
swept,  the  owners  or  occupants  of  the  house  to  which 
said  chimney  appertains,  shall  forfeit  and  pay  the  sum 
of  five  dollars,  and  no  person  shall  set  fire  to  their  chim- 
neys for  the  purpose  of  cleaning  the  same,  except  in  the 
day  time,  nor  then,  unless  it  is  raining  or  there  is  snow 
on  the  roofs  of  the  houses. 

Sec.  7.  Any  person  who  shall  violate  any  provision  Penalty, 
of  this  ordinance  shall  pay  a fine  of  not  less  than  five 
dollars,  nor  more  than  twenty  dollars,  for  each  offense. 

Passed  and  approved  June  27,  1848. 

[Note.— Charter  gives  Council  full  power  to  prevent  and  extinguish  fires;  ante 
p.  39.  See  Gunpowder  ordinance,  Chap.  102;  also  Chap.  24. 


CHAPTER  XXII. 

AN  ORDINANCE  in  relation  to  Depot  and  Farnam 

streets. 

Section  1.  The  street  laid  out  upon  the  plat  of  the  Depot  street, 
city,  east  and  west,  between  Le  Claire  and  Farnam 
streets,  and  south  of  and  adjoining  the  depot  grounds 
of  the  Mississippi  and  Missouri  Railroad,  shall  be  here- 
after known  as  “Depot  street,”  and  said  street  is  here- 
by widened  fifteen  feet,  by  taking  a strip  of  that  width 
from  the  depot  grounds  of  said  railroad  company,  which 
said  strip  of  land  is  granted  by  said  company  to  the 
city,  without  compensation,  in  consideration  of  the 
establishment  and  maintainance  of  the  grade  of  said 
street  and  a portion  of  Farnam  street,  as  hereinafter 
set  forth. 

Sec.  2.  The  grade  of  Depot  street  is  hereby  estab-  Grade, 
lished  in  accordance  with  the  profile  filed  as  follows,  to- 
wit : Commencing  at  the  east  line  of  Le  Claire  street 
at  the  natural  surface,  and  rising  from  thence  three  feet 
in  one  hundred,  for  a distance  of  two  hundred  feet, 
and  thence  on  a level  to  the  end  of  said  street.  The 


CITY  ORDINANCES. 


[CHAPS.  22,  23. 


Not  alterable. 


Extension. 


152 

grade  of  Farnam  street,  from  the  north  line  of  Fourth 
street  to  the  depot  grounds  as  aforesaid,  is  hereby  estab- 
lished in  accordance*  with  the  profile  aforesaid,  as  fol- 
lows, to-wit : commencing  at  the  north  line  of  Fourth 
street,  at  the  natural  surface,  and  rising  from  thence 
ten  feet  to  one  hundred  feet  for  a distance  of  one  hun- 
dred and  thirteen  feet,  thence  on  a level  to  the  depot 
grounds  as  aforesaid. 

Sec.  3.  If  the  Mississippi  and  Missouri  Railroad 
company,  by  their  executive  officer,  shall  file  their  as- 
sent to  this  ordinance,  and  a release  of  the  lands  taken 
as  aforesaid,  within  ten  days  from  this  date,  the  city 
agrees  to  keep  and  maintain  the  streets  and  grades  as 
herein  set  forth,  and  not  alter  the  same  without  the 
consent  of  said  company. 

Provided , however,  that  said  railroad  company,  nor 
any  person  acting  by  their  order,  shall  change  the  grade 
of  the  south  half  of  said  Depot  street,  between  the  east 
side  of  Le  Claire  street  and  the  west  side  of  Farnam 
street,  from  what  the  same  now  is,  nor  permit  the  same 
to  be  changed  without  the  consent  of  the  City  Council, 
and  the  owners  of  property  fronting  on  that  portion  of 
the  street  for  the  term  of  five  years. 

Passed  and  approved  October  1,  1856. 


CHAPTER  XXIII. 

AN  ORDINANCE  for  the  continuation  and  extension 
of  Fourth  street , in  the  city  of  Davenport , eastwardly 
and  westwardly. 

Section  1.  Fourth  street,  in  the  city  of  Davenport, 
is  hereby  extended  eastwardly  from  its  present  termina- 
tion, as  laid  out  by  Antoine  Le  Claire,  until  it  intersects 
with  the  river  on  Front  street,  at  or  near  the  west  end 
of  the  bridge  of  the  Mississippi  and  Missouri  Railroad, 
and  from  the  east  line  of  land  of  Samuel  Hirsclil,  west- 


CHAP.  24.] 


FIRE  LIMITS. 


153 

ward  through  said  Hirschl’s  land  to  the  western  bound- 
ary thereof,  both  extensions  of  which  shall  be  not  less 
than  eighty  feet. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Engineer,  survey, 
forthwith  to  survey  said  extension  of  Fourth  street,  as 
above  specified,  and  make  a proper  plat  of  such  survey, 
showing  the  names  of  the  parties  owning  the  lands  pro- 
posed to  be  taken  by  such  extension,  and  return  such  to 
the  Mayor  of  the  city. 

[The  balance  of  this  ordinance  is  not  printed,  as  it 
simply  refers  to  the  mode  by  which  the  damages  shall 
be  assessed,  the  mode  prescribed  having  since  been 
changed  bv  the  amended  city  charter  of  January  23, 
1857.] 

Passed  and  approved  July  16,  and  September  10, 

1855. 


CHAPTER  XXIV. 

ARTICLE  1. 

AN  ORDINANCE  establishing  and  regulating  Fire 
Limits. 

Section  1.  Xo  building  or  additions  to  buildings  of  Fire  limits 
wrnod,  except  privies  or  stables,  not  to  exceed  twTelve 
feet  in  height,  at  highest  point,  shall  be  erected  or 
moved  into  that  portion  of  the  city  of  Davenport  bounded 
and  described  as  followTs,  to-wit : commencing  at  the  point 
where  Scott  street  intersects  the  southern  boundary  of 
the  city,  thence  north  along  Scott  street  up  to  Fifth 
street,  thence  east  along  Fifth  street  to  Iow^a  street,  ^XglTxcept 
thence  south  along  Iowa  street  to  the  southern  boundary  pJr8Jftcial 
of  the  city,  thence  west  along  the  southern  bound- 
ary of  the  city  to  the  place  of  beginning,  except  by 
special  permit  of  the  City  Council  on  application  in 
writing,  signed  by  owners  of  two-thirds  of  the  block  in 
20 


CITY  ORDINANCES. 


[CHAP.  24. 


Levee  included 


Privies  and 
stables. 


Thioknesa  of 
walls. 


Penalty. 


Ordinance 

construed. 


154 

which  such  building  or  additions  to  buildings  are  to  be 
placed. 

Sec.  2.  The  public  levee  of  the  city  is  included 
within  the  fire  limits,  and  no  lessee  of  the  city  shall 
hereafter  erect  any  building  of  wood  upon  the  same,  or 
make  additions  of  wood  to  existing  buildings,  without 
the  special  action  of  the  Council  first  had. 

Sec.  3.  Within  the  lire  limits  aforesaid,  no  privies 
or  stables  of  wood  shall  be  erected  or  added  to  unless  by 
the  written  consent  of  the  Mayor,  and  then  only  when 
it  shall  appear  to  him  that  such  building  is  designed 
only  for  the  purpose  of  a privy  or  stable,  and  the 
same  shall  in  no  event  be  built  to  front  on  the  street, 
but  shall  be  built  in  the  rear  of  main  store  or  brick 
building,  and  in  such  safe  manner  as  not  to  damage  ad- 
joining property.  And  within  the  limits  aforesaid  the 
Council  may,  by  special  permit,  authorize  the  erection 
of  frame  buildings,  application,  in  writing,  therefor 
being  first  made  and  signed  by  the  owners  of  not  less 
than  two-thirds  of  the  block  upon  which  such  building 
or  addition  is  to  be  erected  or  placed. 

Sec.  4.  The  walls  of  any  brick  or  stone  building 
erected  within  said  limits  shall  be  of  at  least  8 inches 
in  thickness. 

Sec.  5.  Any  building  or  additions  of  buildings 
erected  within  said  limits  in  violation  of  this  ordinance 
is  declared  a nuisance,  and  shall  be  immediately  abated 
by  the  City  Marshal ; and  the  person  or  persons  en- 
gaged in  building  or  aiding  to  build  the  same,  shall  pay 
a line  of  not  less  than  $10  and  not  more  than  $100,  to 
be  recovered  in  the  name  and  for  the  benefit  of  the  city 
of  Davenport  by  suit  before  the  Police  Magistrate  or 
Mayor. 

Sec.  6.  This  ordinance  shall  be  so  construed  as  to 
prevent  any  frame  buildings,  the  erection  of  'which  is 
herein  prohibited,  from  being  placed  within  the  limits 
above  defined,  whether  the  same  be  by  removal  or 
otherwise. 


CHAP.  24.] 


NUMBERING  THE  BUILDINGS. 

Sec.  7.  All  other  ordinances  on  the  subject  of  Fire  Repeal. 
Limits  are  hereby  repealed. 

Passed  and  approved  September  25,  1866. 

[Note  —Charter  gives  power  to  pass  this  ordinance.  See  ante,  p.  39.] 

ARTICLE  2. 

AN  ORDINANCE  to  number  the  buildings  within 
the  Fire  Limits . 

Sec.  1.  All  property-holders  owning  property  within  Buildings 

..  . r_  F.  v \ . . numbered. 

the  lire  limits,  shall  cause  their  property  fronting  the 
public  streets  and  avenues  to  be  numbered,  as  herein- 
after prescribed. 

Sec.  2.  The  property  within  said  limits  shall  be  now. 
numbered  on  all  streets  running  north  from  the  Missis- 
sippi River  by  commencing  on  said  streets  at  their 
junction  with  Front  street,  and  the  numbering  shall  be 
on  every  twenty  feet  of  ground  running  northward,  by 
commencing  with  number  one  on  the  first  twenty  feet 
on  the  east  sides  of  said  streets,  and  with  number  two 
on  the  west  sides  of  said  streets,  and  so  on  the  entire 
length  of  said  streets  to  the  northern  boundary  of  said 
fire  limits.  The  numbering  on  the  streets  running  east 
and  west  through  the  city  shall  commence  on  Brady 
street — all  numbering  in  said  streets  east  of  Brady  com- 
mencing with  number  one  on  the  first  twenty  feet  on 
the  south  side  of  said  street,  and  with  number  two  on 
the  first  twenty  feet  on  the  north  of  said  streets,  and  so 
on,  giving  a number  to  each  twenty  feet  of  ground  on 
each  side  of  said  streets.  The  numbering  shall  be  the 
same  westward  from  Brady  street  on  said  streets,  giving 
a number  to  each  twenty  feet  of  ground.  In  all  the 
numbering  of  lots  on  the  streets  whenever  a fraction  of 
land  less  than  twenty  feet  occurs,  it  shall  be  designated 
by  the  number  immediately  before  it,  with  the  figure  -J 
added. 

Sec.  3.  The  numbers  on  streets  east  from  Brady  game, 
shall  be  known  as  number  one,  two,  three,  etc.,  East 
Front,  East  Second,  and  so  on  to  the  fire  limits.  Those 


CITY  ORDINANCES. 


[CHAP.  24. 


156 

on  the  west  side  of  Brady  street  shall  be  known  as  num- 
ber one,  two,  three,  etc.,  West  Front,  West  Second, 
West  Third,  and  so  on. 

Sec.  4.  The  numbers  shall  be  painted  conspicuously 
on  pieces  of  tin  two  inches  wide  by  three  inches  long, 
and  shall  be  nailed  to  the  first  story  front  of  all  build- 
ings erected  in  the  limits  prescribed,  or  the  numbers 
may  be  painted  upon  the  front  of  the  building,  door- 
posts, etc.,  on  the  premises  of  such  lot-owner. 

Sec.  5.  If  any  person  shall  neglect  or  refuse  to  com- 
ply with  the  provisions  of  this  ordinance  for  a period 
of  two  weeks  after  this  ordinance  shall  take  effect,  the 
City  Council  may  order  the  same  to  be  done  at  the 
expense  of  owners  of  property  to  be  numbered  within 
said  limits. 

Passed  and  approved  December  2,  1857. 


ARTICLE  3. 

AN  ORDINANCE  relating  to  the  establishment  of 
lumber  yards  within  the  fire  limits. 

Sec.  1.  No  person  shall  keep,  or  establish,  or  con- 
tinue a lumber  yard  for  the  deposit  or  sale  of  lumber 
within  the  fire  limits  of  the  city  of  Davenport,  except 
by  special  permit  of  the  City  Council,  on  application  in 
writing,  signed  by  the  owners  of  two-thirds  of  the  prop- 
erty of  the  block  in  which  said  lumber  yard  is  situated. 

Sec.  2.  Any  person  who  may  violate  the  provisions 
of  this  ordinance,  shall  forfeit  and  pay  a fine  of  not 
more  than  one  hundred  dollars  and  not  less  than  ten 
dollars  for  the  first  offense ; if  the  yard  is  continued  in 
violation  of  this  ordinance  for  the  space  of  six  days  after 
the  first  fine,  it  shall  be  a second  offense,  for  which  the 
party  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  and  each  subsequent 
continuance  of  the  lumber  yard  for  six  days  shall  be 
another  offense,  for  which  the  party  shall  be  fined  not 
less  than  twenty-five  dollars. 


CHAP.  24  ] 


INFLAMMABLE  OILS,  &C. 


157 

Sec.  3.  This  ordinance  shall  not  apply  to  persons  Exception, 
who  now  have  lumber  yards  within  the  lire  limits,  pro- 
vided they  have  been  established  in  accordance  with 
the  ordinance  “relating  to  the  establishment  of  lumber 
yards  within  the  city  limits,”  passed  and  approved 
July  16,  1862,  which  said  last  named  ordinance  is  here- 
by repealed. 

Passed  and  approved  September  19th,  1866. 

[Note.— See  Charter,  ante , p.  39,  as  to  power  of  city  to  prevent  tires.  See  also 
Chaps.  21,  8S. 


ARTICLE  4. 

AN  ORDINANCE  in  relation  to  the  manufacture 
and  storing  of  kerosene , benzine,  and  other  oils  and 
easily  inflammable  substances. 

Sec.  1.  No  person,  company,  or  corporation  shall  Manufact^e  °f 
manufacture,  or  carry  on,  or  continue  any  manufactory  ^jjj^tnsent 
or  establishment  for  the  purpose  of  making,  producing, of  cit>T  CounciL 
refining,  distilling,  or  in  any  manner  generating  coal  or 
earth  oil,  petroleum,  kerosene,  gasoline,  carbon  oil,  ben- 
zine, benzole,  naphtha,  campliene,  burning  fluid,  coal 
oils,  or  other  easily  inflammable  substance  within  the 
fire  limits  of  the  city  of  Davenport ; nor  shall  any  of 
said  acts  be  done,  continued,  or  carried  on  outside  of  the 
fire  limits,  and  within  the  city  limits,  without  the  prior 
consent  of  the  Council,  obtained  as  specified  in  section 
four  (4)  of  this  ordinance. 

Sec.  2.  No  merchant,  dealer,  painter,  or  other  per- How  much 
son,  company,  or  corporation,  shall,  within  the  fire  lim-  keep  for  sale, 
its  of  the  city  of  Davenport,  keep  on  hand  in  any  store, 
building,  cellar,  or  other  place  within  said  fire  limits,  a 
greater  quantity  of  camphene,  benzine,  benzole,  kero- 
sene, naphtha,  or  other  coal  oils,  or  any  easily  inflam- 
mable burning  fluid,  than  one  barrel,  not  exceeding  45 
gallons,  of  each  at  any  one  time,  not  exceeding  five 
barrels  in  all ; and  benzine,  benzole,  or  naphtha,  kept  kept InVncans 
for  retail,  shall  be  sold  by  daylight  only,  and  shall  be 
kept  in  a tin  can  or  other  metal  vessel ; Provided , that 


( 


158 


CITY  ORDINANCES.  [CHAP.  24. 


an y dealer,  merchant,  or  other  person,  if  he  keeps  none 
of  the  other  oils  or  inflammable  substances  named  or 


When  more 
than  one  barrel 
may  be  kept. 


referred  to  in  this  ordinance,  may  keep  live  barrels  of 
kerosene,  or  two  barrels  of  benzine,  or  two  of  any  other 
kind,  not  exceeding  five  in  all,  and  if  retailed,  it  shall  be 
from  tin  cans  or  metal  cases  ; Provided , also,  that  ker- 
osene may  be  retailed  by  gas-light.  Outside  of  said 
fire  limits,  no  such  merchant,  dealer,  person,  company, 
or  corporation  shall  keep  any  of  said  articles  other  than 
as  above  provided  without  the  consent  of  the  City 
Council,  to  be  obtained  as  provided  in  Section  four  (4) 
of  this  ordinance. 


Sec.  3.  hi one  of  the  articles  or  substances  named  or 
referred  to  in  Section  one  (1)  of  this  ordinance,  shall  be 
kept  or  stored  in  front  of  any  building  or  structure,  or 
on  any  street,  alley,  wharf,  sidewalk,  or  lot,  for  a longer 
time  than  is  sufficient  to  receive  in  store  or  in  deliver- 
ing the  same,  provided  such  time  shall  not  exceed  six 
Exception  in  hours ; but  this  ordinance  shall  not  prevent  common 

favor  of  carriers  . , . . .... 

carriers  from  receiving  and  storing,  m the  usual  course 
of  business,  in  any  building  belonging  to  said  carrier, 
said  oils  and  substances  for  a period  not  exeeding  five 
lerreChoaunm» days  ; nor  shall  this  ordinance  prevent  any  merchant 
oerti?reSS?c.r  f'rom  storing  for  his  own  use,  for  the  purpose  of  sale,  in 
any  building  or  structure,  said  oils  and  inflammable 
substances  belonging  to  himself ; Provided , they  are  so 
stored  outside  of  the  fire  limits,  and  provided,  the  build- 
ing or  structure  in  which  they  are  so  stored  is,  and  dur- 
ing the  time  of  such  storing,  shall  remain  at  least  three 
hundred  feet  from  any  other  building  or  structure  ; and 
provided , not  more  than  one  hundred  barrels  shall  be 
therm  stored  at  any  one  time. 

now  authority  Sec.  4.  If  any  person  or  corporation  shall  wish  to 

to  manufacture  ^ x x 

?.r  t0  fdP  moi;°  manufacture  within  the  citv  limits  any  of  the  said  oils 
cored  el!ro"  or  hifiammable  substances  named  or  referred  to  in  this 
ordinance,  or  any  person,  merchant,  dealer  or  corporation 
shall  wish  to  store,  or  erect  or  use  a building  to  store  more 
than  one  hundred  barrels  of  any  of  the  said  oils  and 


CHAP.  25.1 


INFLAMMABLE  OILS,  &C. 


159 

substances  in  any  one  place,  or  shall  wish  to  sell  or  keep 
said  substances  differently  from  the  manner  herein  allow- 
ed, he  or  they  shall  apply  to  the  City  Council,  and  state 
in  the  application  what  they  wish  to  do  and  where  they 
wish  to  manufacture,  or  keep,  or  store  the  same  ; the 
Council  shall  then  appoint  a committee  to  examine  the 
matter,  who  shall  report  as  soon  as  practicable,  and  the 
Council  shall  then  take  such  action  in  the  premises  as 
they  may  deem  just  and  proper.  Nothing  in  this  sec- construction  of 
tion  shall,  until  the  action  of  the  City  Council  is  had, thlB  ordinance- 
or  authority  granted,  be  construed  to  authorize  the 
making,  keeping  or  storing  of  any  of  said  oils  or  sub- 
stances, contrary  to  the  prior  provisions  of  this  ordin- 
ance. 

Sec.  5.  Whoever  violates  any  of  the  provisions  of  Penalty, 
this  ordinance  is  guilty  of  a misdemeanor,  and  shall  be 
fined  not  more  than  fifty  dollars  for  each  and  every 
offense  ; and  every  day  that  any  of  the  said  articles  or 
substances  are  made,  kept,  or  stored  contrary  to  this 
ordinance,  shall  be  deemed  a new  and  distinct  offense. 

And  it  is  made  the  duty  of  the  Marshal  and  Fire  War- 
dens to  see  that  this  ordinance  is  observed.  Any  mem- 
ber of  the  fire  department  may  make  complaint  of  its 
violation,  and  after  deducting  costs,  all  fines  recovered 
on  the  complaint  of  any  fireman,  or  member  of  the  fire 
department,  shall  go  to  the  fire  department. 

Sec.  6.  This  ordinance  shall  go  into  effect  and  apply  when  ordi- 

° ii./  nance  takes 

at  the  end  of  ten  days  from  and  after  its  publication  in effoct- 
the  official  newspaper  of  the  city. 

Passed  and  approved  November  f,  1866. 


CHAPTER  XXV. 

AN  ORDINANCE  to  authorize  the  use  of  Fifth 
street  by  the  Mississippi  and  Missouri  Railroad  Com- 
pany. 

Section  1.  In  consideration  of  the  performance  of 


CITY  ORDINANCES. 


[CHAP.  25. 


Right  granted. 


Conditions. 


New  arrange- 
ment. 


160 

the  conditions  hereinafter  specified,  the  right  and 
authority  and  permission  are  hereby  granted  to  the  Mis- 
sissippi and  Missouri  Railroad  Company  to  lay  down  a 
single  track  of  its  said  road,  in  and  through  the  centre 
of  Fifth  street,  in  the  city  of  Davenport,  with  all  neces- 
sary side-tracks,  turn-outs,  switches  and  turn-tables,  and 
forever  thereafter  maintain  and  use  the  same  for  the 
passage  of  locomotives,  cars  and  trains  of  cars,  upon  the 
following  conditions,  to  be  performed  by  said  company: 
1st.  Said  company  shall,  at  its  own  proper  cost,  but 
under  the  direction  of  the  city  authorities,  grade  and 
pave  or  plank  the  entire  street  in  such  a manner  as  to 
make  a complete  roadway. 

2d.  Said  company,  if  required  by  the  city  authori- 
ties, shall  at  each  street  which  crosses  said  Fifth  street, 
erect  a sign  over  said  crossing,  upon  which  shall  be 
painted  in  large  letters  the  words  “Railroad  Crossing.” 
3d.  The  locomotives  and  trains  of  cars  of  said  com- 
pany may  pass  through  said  street  at  a rate  of  speed 
not  exceeding  six  miles  per  hour,  and  the  bell  shall  be 
kept  continually  ringing  while  such  locomotive  or  trains 
are  passing  through  such  street. 

4th.  Nothing  in  this  ordinance  shall  be  so  construed 
as  to  allow  the  said  railroad  company  to  leave  their 
cars  standing  on  said  street,  unless  in  case  of  accident 
or  unavoidable  necessity. 

Passed  and  approved  June  25,  1853. 

AN  ORDINANCE  to  amend  “ An  Ordinance  to 
authorize  the  use  of  Fifth  street  by  the  Mississippi 
and  Missouri  Railroad  Company ,”  passed  and  ap- 
proved the  %oth  of  June , 1853. 

Sec.  1.  In  consideration  of  the  sum  of  fifty  thous- 
and dollars  to  be  issued  immediately  to  the  city  of  Dav- 
enport, in  the  capital  stock  of  the  first  division  of  the 
Mississippi  and  Missouri  Railroad  Company,  west  of 
Iowa  City,  bearing  interest  at  the  rate  of  ten  per  cent, 
per  annum,  payable  in  stock,  the  said  company  are 


on  APS.  25,  26.] 


GAMES  OF  AMUSEMENT. 


161 

hereby  released  from  all  obligations  further  to  pave  or 
plank  fifth  street,  agreeable  to  the  provisions  contained 
in  the  first  condition  of  an  ordinance  to  authorize  the 
use  of  fifth  street  by  the  Mississippi  and  Missouri  Rail- 
road Company,  passed  and  approved  June  25,  1853,  and 
the  said  company  shall  have  the  right  and  authority  to 
lay  down  a second  in  said  street  whenever  the  business 
of  the  road  shall  render  it  necessary. 

Sec.  2.  The  said  company  shall  at  all  times  keep  its  ®ackf&c. 
tracks  properly  balasted,  and  the  space  between  them 
and  to  the  end  of  the  ties  planked  or  macadamized  at 
its  own  cost. 

Sec.  3.  The  conditions  of  sections  2d,  3d  and  4th  of 
the  said  ordinance  of  June  25,  1853,  shall  remain  in  full 
force. 

Provided , That  the  said  company  shall  in  no  case  so 
lay  the  track  or  tracks  through  the  said  street  as  to  pre- 
vent the  passage  of  carriages  upon  either  side  of  said 
tracks. 

Provided  further.  That  said  company  shall  signify  its 
acceptance  of  the  conditions  of  this  ordinance  at  the 
next  meeting  of  the  City  Council. 

Passed  and  approved  June  3d,  1857. 

Note.— See  ante  pp.  79,  90. 


CHAPTER  XX YI. 

t 

ARTICLE  1. 

AJV  ( )PPINANCE  to  license  games  of  amusement  in 
the  city  of  Pavenjoort. 

Section  1.  Ho  person  shall  keep  any  billiard  table,  ™eense neces- 
ten-pin,  nine-pin  or  bowling  alley,  bagatelle  table,  Jenny 
Lind  table,  or  any  other  table,  whereon  others  are  per- 
mitted to  play,  and  for  the  use  of  which,  or  privilege  of 
playing  thereon,  or  for  the  hire  thereof,  any  money  or 
its  equivalent,  or  any  renumeration  in  lieu  of  money. 


CITY  ORDINANCES. 


[CHAP.  26. 


Definition. 


License— how 
obtained. 


Same. 


Clerk’s  fee. 


Penalty. 


162 

shall  be  paid  or  received  therefor,  without  first  having 
obtained  a license. 

Sec.  2.  One  road  or  track  shall  constitute  a ten-pin, 
nine-pin,  or  bowling-alley*  within  the  meaning  of  this 
ordinance,  without  regard  to  the  number  of  pins  or 
bowls  used. 

Sec.  3.  Any  person  wishing  to  obtain  a license  to 
keep  any  of  the  above  enumerated  games,  shall  first  pay 
to  the  City  Marshal  the  sum  of  fifteen  dollars  for  each 
billiard  table,  bagatelle  table,  Jenny  Lind  table,  (or  any 
other  table  whereon  others  are  permitted  to  play  for 
hire),  for  each  ten-pin,  nine-pin  or  bowling  alley,  and 
upon  filing  a certificate  from  the  City  Marshal  of  such 
payment,  with  the  City  Clerk,  the  Clerk  shall  issue  a 
license  for  the  keeping,  number  of  tables  or  alleys  paid 
for,  which  license  shall  continue  for  the  term  of  one 
year. 

Sec.  4.  The  City  Marshal  may  receive  one-half  the 
sum  specified  in  this  ordinance  for  a yearly  license,  and 
upon  filing  his  certificate  thereof  with  the  City  Clerk, 
the  Clerk  shall  issue  a license  for  the  table  or  alley  so 
paid  for,  for  the  period  of  six  months,  ( Provided , that 
such  license  shall  not  be  issued  prior  to  the  first  day  of 
July  in  each  year) ; and  all  licenses  provided  for  in  this 
ordinance  shall  end  and  terminate  on  the  31st  day  of 
December. 

Sec.  5.  The  Clerk  shall  be  entitled  to  demand  of 
the  applicant  for  license  under  this  ordinance  the  fee  of 
one  dollar  before  issuing  the  same  for  each  table  or 
alley  so  licensed. 

Sec.  6.  Any  person  violating  any  provision  of  this 
ordinance  shall,  on  conviction  before  the  Mayor  or  Police 
Magistrate,  pay  a fine  to  the  city  of  Davenport  of  five 
dollars  and  costs,  for  every  twenty-four  hours  he  shall 


* Bowling  Alleys.— Bowling  alleys  are  a nuisance  at  common  law,  and  Council 
may  pass  ordinance  to  abate  them.  Tavener  v.  Albion , 5 Hill,  121  S P.  4 E.  D., 
Smith  570,  or  under  our  charter  they  may  be  licensed,  regulated  and  taxed. 


CHAPS.  26,27.]  SHOOTING  GALLERIES.-GAS.  J(J3 

neglect  or  refuse  to  procure  a license,  as  required  by 
this  ordinance. 

Sec.  7.  All  ordinances  relating  to  the  licensing 
games  of  amusement  are  hereby  repealed. 

Passed  and  approved  November  1,  1865. 

ARTICLE  2. 

AN  OR D1NANCE  to  license  shooting  galleries  in  the 
city  of  Davenport. 

Sec.  1.  No  person  shall  establish  or  keep  any  shoot- 
ing  gallery,  for  gain  or  hire,  within  the  city  without 
obtaining  therefor  a license. 

Sec.  2.  For  such  license  he  shail  pay  live  dollars  for  Fee  for. 
three  months,  eight  dollars  for  six  months,  and  fifteen 
dollars  for  one  year. 

Sec.  3.  All  the  penalties  and  other  provisions  of  the  Penalty- &c- 
ordinance  of  November  1,  1865,  entitled  “ an  ordinance 
to  license  games  of  amusement  in  the  city  of  Daven- 
port,” shall,  so  far  as  applicable,  be  deemed  part  of  this 
ordinance. 

Passed  and  approved  September  13th,  1866. 

[Note. — As  to  power  of  city  to  license,  &c.,  see  notes  to  charter.  Ante  pp.  39, 

64,  84,  88. 


CHAPTER  XXVII. 

ARTICLE  1. 

AN  ORDINANCE  for  lighting  the  city  of  Davenport 
with  gas. 

Section  1.  By  this  ordinance  the  city  of  Davenoort  of  Rtreet 

^ 1 granted. 

grants  to  the  Davenport  Gas-light  and  Coke  Company, 
until  the  19tli  day  of  August,  1871,  the  exclusive  privi- 
lege, and  an  equal  privilege  thereafter  with  all  others, 
to  use  the  streets,  lanes,  alleys,  and  public  grounds  of 
said  city,  including  any  territory  that  may  hereafter  be 
added  to  the  same,  for  the  purpose  of  laying  down  and 


CITY  ORDINANCES. 


[CHAP.  27. 


Conditions  of 
grant. 


164 

repairing,  in  said  streets,  lanes,  alleys,  and  public 
grounds,  pipes  for  conveying  gas,  for  supplying  said 
city  and  the  inhabitants  thereof  with  gas ; providing 
that  said  Gas-light  and  Coke  Company,  their  successors 
or  agents,  shall  not,  in  laying  down  or  repairing  said 
pipes,  tor  the  purpose  aforesaid,  unnecessarily  obstruct 
the  passage  of  any  street,  lane,  alley,  or  public  grounds, 
and  shall,  within  a reasonable  time  after  the  opening  of 
any  street,  lane,  alley,  or  public  grounds,  repair  and 
put  in  good  order  and  condition  the  same. 

Sec.  2.  The  privileges  herein  granted  are  upon  the 
express  condition  that  said  Davenport  Gas-light  and 
Coke  Company  shall  continue  to  maintain  their  works, 
and  extend  their  leading  pipes,  from  time  to  time, 
through  such  localities  in  said  city,  as  the  consumers, 
or  consumption  of  gas,  may  justify  ; and  shall  furnish 
to  said  city  seventy-five  public  lamps,  if  so  many  shall 
be  required,  and  to  the  inhabitants  thereof  for  private 
use,  gas  at  a rate  not  exceeding  $3.50  per  thousand 
cubic  feet,  for  the  term  of  two  years  from  the  time 
when  the  company  had  the  gas  works  completed,  and 
thereafter  at  the  rate  paid  by  other  cities,  in  the  State 
of  Iowa,  of  like  population,  and  similarly  situated  as  to 
the  cost  of  manufacturing  gas.  All  lamp  posts,  lamps, 
metres,  and  fitting  for  public  lamps,  to  be  furnished  at 
the  expense  of  the  city ; provided , that  all  temporary 
failures,  on  the  part  of  said  company,  their  successors 
or  assigns,  to  perform  any  of  the  conditions  exacted  of 
them  by  this  ordinance,  when  such  failures  are-  occa- 
sioned by  accident,  or  untoward  events,  shall  not  work 
a forfeiture  in  case  the  same  shall  be  repaired  within  a 
reasonable  time. 

Passed  and  approved  August  19,  1854  ; February  7, 
1855  ; October  1st,  1856.* 


* Repeal. —This  ordinance  was  repealed  March  31,  1S58,  by  the  following 
ordinance  : 

“Sec.  1.  That  the  ordinance  called  the  Gas  Ordinance,  be,  and  the  same  is 
hereby  repealed.” 

Lamp  Posts  Defined— Other  Ordinances  referred  to,— “ Public  lamp 


CHAP.  27.  ] 


STREET  LAMPS. 


165 


ARTICLE  2. 

AN  0 R DINANCE  concerning  Street  Lamps. 

Sec.  1.  It  shall  be  the  duty  of  the  Marshal  of  said  MaSiTSut* 
city  to  take  charge  of  all  street  lamps  owned  by  or  un- 
der the  control  of  said  city,  and  to  keep  the  same  in 
repair,  and  from  time  to  time  report  the  expenses  thereof 
to  the  City  Council. 

Sec.  2.  The  lamps  shall  be  lighted  every  night  atLishted- 
early  candle  light,  and  shall  be  kept  lighted  in  *sucli 
manner  and  to  such  hour  of  the  night  as  the  City  Coun- 
cil shall,  by  resolution,  direct ; Providing , the  same 
shall  not  be  lighted  on  clear  nights.  The  Mayor  is 
hereby  authorized  to  direct  the  street  lamps  to  be  kept 
lighted  to  a later  hour  than  fixed  by  resolution,  when- 
ever he  shall  deem  the  same  expedient. 

Sec.  3.  Any  person  who  shall  carelessly  or  mali- TresPaBS- 
ciously  break,  deface,  or  in  any  way  injure  or  destroy 
any  public  lamp  or  lamp  post  of  this  city,  shall  forfeit 
the  penalty  of  ten  dollars  for  each  offense,  together 
with  the  expenses  which  may  be  incurred  in  repairing 


posts,"  in  a contract  with  city  for  lighting  gas,  does  not  necessarily  imply  that  the 
posts  should  be  owned  by  the  city,  if  erected  and  used  for  the  public  benefit. — 
Dav.  Gas  Co.  v.  Davenport , 13  Iowa  Rep.,  229. 

See  “Index”  for  ordinance  prohibiting  posting  bills  upon,  and  also  ordinance 
prohibiting  breaking  of  street  lamps. 

Suit  with  Gas  Company.— The  following  Avas  the  award  of  the  arbitrators  in 
the  litigation  between  city  and  Gas  Company : 

The  Davenport  Gas-Light  and  Coke  Company  ^ 
vs. 

The  City  of  Davenport.  ) 

AWARD. 

We,  the  undersigned,  arbitrators  appointed  by  the  agreement  of  submission 
hereto  annexed,  having  met  the  parties  pursuant  to  notice,  at  the  office  of  Putnam 
& Rogers,  in  the  city  of  Davenport,  on  the  24th  day  of  January,  1865,  and  having 
heard  their  several  allegations,  proofs,  arguments,  and  duly  considered  the  same, 
do  award  and  determine,  that  the  above  named  Davenport  Gas-light  and  Coke 
Company  shall  have  and  recover  of  the  above  named  city  of  Davenport,  the  sum 
of  jive  thousand  one  hundred  and  seventy-six  87-100  dollars  in  full  for  all  their 
claims  and  demands  set  forth  in  the  annexed  agreement  of  submission,  together 
with  one-half  of  the  arbitrators’  fees,  to-Avit : the  sum  of  two  hundred  and  ticenty- 
Jive  dollars. 

Dated  at  Davenport,  the  20th  day  of  February,  1865. 

A.  H.  BENNETT,  ) 

JCHN  C.  BILLS.  } Arbitrators. 

JAMES  ARMSTRONG,  5 


CITY  ORDINANCES. 


[CHAPS.  27,28,  29 


Hitching  to, 

&c , forbidden. 


Duty  of  butch- 
ers. 


166 

the  injuries  committed,  to  be  recovered  separately  or  in 
a suit  for  the  penalty. 

Sec.  4.  Any  person  who  shall  climb  upon  or  hitch 
any  horse  or  other  animal  to  any  public  lamp  post,  or 
hang  or  place  any  goods  or  merchandize  thereon,  or 
place  any  boxes,  goods,  wood,  or  any  heavy  material, 
upon  or  against  the  same,  or  who  shall  extinguish  or 
cause  to  be  extinguished,  or  light  or  cause  to  be  lighted, 
any  of  said  lamps,  unless  duly  authorized  so  to  do  by 
the  Common  Council,  or  Mayor,  or  an  Alderman,  shall 
forfeit  the  penalty  of  ten  dollars  for  each  offense. 


CHAPTER  XXVIII. 

AN  OR  DINA  N C E granting  Goodrich , Wheeler  dc 
Yantis , certain  privileges. 

Passed  and  approved,  August  13,  1856. 

[Repealed  Sept.  13th,  1866,  and,  therefore,  not  herewith  re-printed.] 


CHAPTER  XXIX. 

Part  I. 

AN  ORDINANCE  to  secure  the  Health  of  the  City , 
and  to  prevent  Nuisances  A 

Sec.  1.  It  shall  not  be  lawful  for  any  butcher,  or 
other  person,  to  kill  or  slaughter  any  beeves,  sheep, 
calves,  hogs,  or  other  animals,  within  the  said  city,  ex- 
cept the  house,  yard,  pen,  or  place  where  the  killing 
shall  take  place,  be  paved  with  brick  or  stone,  and  the 
earth  below  said  brick  or  stone  be  made  sufficiently 
solid  to  prevent  its  becoming  the  receptacle  of  filth  and 
offensive  matter,  and  unless  the  same  be  at  least  four 


^Further  as  to  Nuisances— see  Index  title  “ Nuisance”  ; also  Chapter  42 post. 


CHAP.  29.] 


HEALTH  OF  CIT  Y. 


167 

hundred  feet  from  any  dwelling.  The  pavement  in 
every  case,  shall  be  made  with  a descent  towards  a gut- 
ter, wThich  shall  pass  through  the  same,  and  leading  to  a 
tub,  or  reservoir,  which  shall  receive  the  blood  and  offal 
passing  therein,  which  shall  be  emptied  and  removed 
from  the  premises,  at  the  end  of  each  day  when  killing 
has  been  done,  and  the  whole  premises  shall  also  be 
washed  and  cleansed  at  the  end  of  each  day.  And 
further,  that  each  slaughter  house,  or  place  occupied  for 
the  killing  of  animals,  as  aforesaid,  shall  be  white- 
washed at  least  once  in  every  month  between  the  first 
day  of  March,  and  the  first  day  of  November  of  each  year. 

Sec.  2.  It  shall  be  the  particular  duty  of  the  Mar-  DutyofMar- 
siial,  of  said  city,  to  attend  strictly  to  the  enforcement  of  Health, 
of  the  provisions  of  the  above  section,  and  to  see  that 
its  provisions  are  strictly  complied  with,  and  the  Board 
of  Health  are  required  to  inquire  into  the  same  from 
time  to  time.  And  the  refusal,  on  the  part  of  any 
owner,  lessee,  possessor,  or  occupant,  of  any  such  house, 
yard,  pen,  or  place  where  such  killing  shall  take  place, 
as  aforesaid,  to  permit  the  Marshal,  Board  of  Health, 

Health  Inspector,  or  the  Mayor  of  the  city,  to  enter 
upon  and  examine  such  premises,  for  the  purpose  of 
ascertaining  if  this  ordinance  be  strictly  complied  with, 
shall  be  liable  to  be  fined  not  less  than  five  dollars,  nor  Penalty, 
more  than  fifty  dollars  for  such  refusal  and  permission 
as  aforesaid.  And  upon  a failure,  neglect,  or  refusal, 
to  regulate  and  construct  the  slaughter  houses,  yard,  pen, 
or  place  where  killing  shall  take  place,  as  aforesaid, 
according  to  the  provisions  of  the  foregoing  section,  or 
where  there  exists  filth  or  offensive  matter  in  said 
places,  or  their  vicinity,  such  person  thus  failing,  neg- 
lecting, or  refusing,  shall  be  immediately  proceeded 
against  by  the  Marshal,  Health  Inspector,  or  Board  of 
Health  ; or  the  Mayor,  or  any  Alderman,  shall  be  au- 
thorized to  proceed  against  such  person  at  their  own 
instance,  and  upon  conviction,  the  guilty  party  shall  pay 
a fine  of  not  less  than  twenty  dollars,  nor  more  than 
one  hundred  dollars. 


CITY  ORDINANCES. 


[CHAPS.  30- 


168 


Who  liable. 


Owners  must 
keep  lots  clean. 


Duty  of  Mar- 
shal. 


Penalty. 


Officers  duty. 


Sec.  3.  The  person,  or  persons,  using  or  occupying 
the  premises,  whether  as  owners  or  lessees,  shall  each 
he  considered  as  parties  to  answer  this  complaint,  and 
if  convicted  of  having,  and  maintaining  the  establish- 
ments prohibited  as  above,  in  addition  to  the  fine 
already  affixed,  and  as  a further  punishment,  it  shall  be 
the  duty  of  the  Marshal  forthwith  to  close  the  same — 
to  keep  it  closed  until  the  owner  or  occupant  is  restored 
to  the  possession  thereof  by  due  process  of  law. 

Sec.  4r.  The  owner  or  occupant  of  every  lot  or 
building,  or  any  appurtenance  thereof,  shall  keep  every 
part  thereof  free  from  filth,  or  anything  offensive  to  the 
neighborhood  about  the  same,  which  would  be  likely  to 
contribute  to  disease  or  infection  of  any  kind ; and 
upon  failure  so  to  do,  it  is  hereby  made  the  duty  of  the 
City  Marshal,  or  Health  Inspector,  upon  the  complaint, 
either  verbally  or  in  writing,  of  any  person  represent- 
ing to  him  that  fact,  immediately  to  give  notice  to  the 
owner  or  occupant  thereof,  and  require  him  to  do  such 
acts  as  the  Marshal  shall  deem  necessary  for  the  health 
of  said  city,  and  in  case  of  a failure  of  such  person  to 
comply  with  such  requirements  for  the  space  of  twelve 
hours,  said  Marshal  is  required  and  empowered  to  do 
such  acts  himself,  keeping  a correct  account  of  the 
expenses  of  the  same,  for  all  of  which  expenses  said 
owner,  or  occupant,  shall  be  liable  to  three  times  that 
amount,  to  be  collected  bv  an  action  in  favor  of  the 
City  of  Davenport. 

Sec.  5.  It  shall  be  the  duty  of  the  City  Marshal  or 
Health  Inspector,  to  see  that  every  portion  of  the  city, 
including  all  buildings,  cellars  of  the  same,  lots  and 
appurtenances,  be  properly  purified  and  limed,  and  he 
shall  immediately  require  the  owner,  or  occupant,  of 
every  lot  or  building,  whenever,  in  his  judgment,  he 
shall  deem  it  necessary,  to  lime  the  same  in  such  man- 
ner as  he  may  direct,  and  upon  a failure  so  to  do  for  the 
space  of  twelve  hours,  he  shall  be  liable  to  said  city  as 
prescribed  in  the  preceding  section. 

Passed  May  13,  1853,  and  June  21,  1852. 


CHAP.  29.] 


HEALTH  OF  CITY. 


169 


Part  II. 

AN  ORDINANCE  to  secure  the  health  of  the  city — 
providing  for  a Board  of  Health  and  other  purposes. 

Be  it  enacted  by  the  City  Council  of  the  City  of  Dav- 
enport,, 

ARTICLE  1. 

Section  1.  The  Major  of  the  city  is  hereby  empow-  cuealth 
ered,  at  any  and  all  times  when  lie  shall  deem  the  exi- 
gencies of  the  case  to  require  it,  to  appoint  a Board  of 
Health,  to  be  approved  by  the  City  Council,  to  consist 
of  three  persons,  which  may  be  increased  to  live,  if 
necessary.  The  Mayor  shall  be  ex  officio  President,  and 
the  City  Clerk  ex  officio  Clerk  of  said  Board.  The  per- 
sons so  appointed  may  be  removed  by  the  Mayor  or  City 
Council  at  pleasure,  and  others  appointed  by  the  Mayor 
or  by  the  Council.  The  Board  may  be  dissolved  at  any 
time  by  the  Mayor  or  the  City  Council,  and  it  shall  be 
the  duty  of  the  Mayor  to  dissolve  it  when  he  deems 
their  services  no  longer  necessary.  When  dissolved,  if 
the  necessity  again  arises,  the  same  or  a new  Board 
may  be  appointed,  during  the  same  year  or  at  any  sub- 
sequent year. 

Sec.  2.  The  Board  of  Health  shall  meet  the  first  Meeting  of. 
time,  for  any  one  year,  at  the  call  of  the  Mayor,  and 
thereafter  at  such  times  as  they  may  designate,  or  at 
the  call  of  the  Mayor,  and  any  member  who  shall  ab- 
sent himself  (unless  sick  or  absent  from  the  city)  from 
any  meeting,  shall  be  liable  to  be  removed  and  his  place 
to  be  filled,  and  he  shall  in  addition  pay  to  the  city  of 
Davenport  a fine  of  five  dollars.  But  this  fine  may  be 
remitted  by  the  Board  for  good  cause  shown.  All 
meetings  of  the  Board  shall  be  at  the  City  Hall. 

Sec.  3.  The  Board  of  Health  may  make  and  deter-  Rules, 
mine  the  rules  of  its  own  proceedings  and  such  other 
rules  and  regulations  as  may  be  necessary  to  carry  into 
effect  the  powers  and  duties  of  the  Board. 

22 


CITY  ORDINANCES. 


[CHAP.  29. 


170 

powers  and  Sec.  4.  Said  Board  of  Health  shall  exercise  a general 

duties.  o 

supervision  over  the  city  of  Davenport,  with  full  power 
to  take  all  steps  and  use  all  measures  to  promote  the 
cleanliness  and  salubrity  thereof,  to  abate  nuisances  of 
every  description,  on  public  or  private  property ; to 
prevent  the  introduction  into  the  city  of  malignant, 
contagious  or  infectious  diseases,  and  to  remove  or  oth- 
erwise dispose  of  any  person  attacked  by  any  such  dis- 
ease, and  adopt  in  reference  to  such  person  any  resolu- 
tions, restrictions  or  measures  deemed  advisable ; and  to 
establish  rules  and  regulations  for  the  government  of 
the  city  hospital,  and  to  prevent  the  introduction  or 
spreading  of  cholera,  ship  fever,  small-pox,  or  other 
infectious  or  contagious  diseases  within  the  city. 

SMice  ^ec.  ^ shall  be  the  duty  of  the  Marshal,  Health 
Inspector,  and  such  members  of  the  police  as  the  Board 
of  Health  may  direct,  to  attend  the  meetings  of  the  Board 
of  Health  in  the  City  Hall,  and  to  serve  all  precepts  and 
notices  issued  by  said  Board,  or  any  member  thereof, 
signed  by  the  President  and  attested  by  the  clerk  there- 
of; to  execute  all  orders  of  the  Board  directed  to  them ; 
to  attend  to  the  abatement  or  removal  of  all  nuisances, 
and  to  perform  such  other  duties  in  relation  to  nuis- 
ances as  said  Board  may  direct ; and  as  often,  and  in 
such  manner  as  may  be  required  of  them,  to  examine 
the  condition  of  all  streets,  lanes,  avenues,  alleys,  mar- 
ket places  and  public  squares  and  private  yards  of  the 
city,  and  to  report  to  said  Board,  or  any  member  there- 
of, all  nuisances  found  therein  ; to  notify  persons  upon 
whose  premises,  or  premises  occupied  by  them,  any 
nuisance  may  exist,  to  remove  the  same,  and  if  it  be 
not  removed  forthwith,  to  make  a report  thereof  in 
writing  to  said  Board,  or  any  member  thereof ; to  visit 
at  least  once  a week,  and  oftener  when  required  by  said 
Board,  or  any  member  thereof,  every  part  of  the  city ; 
to  arrest  any  person  found  violating  any  city  ordinance 
which  relates  to  the  sanitary  regulations  of  the  city  ; 
and  to  watch  for  and  arrest  persons  throwing,  or  per- 
mitting to  be  thrown,  from  their  premises  into  their 


CHAP.  29.] 


HEALTH  OF  CITY. 


171 

yards,  or  into  the  streets  and  alleys,  any  tilth  or  other 
matter  prohibited  by  the  ordinances  of  the  city  and  the 
regulations  of  the  Board  of  Health  ; and  in  other  re- 
spects to  exercise  the  utmost  diligence  in  enforcing  the 
ordinances  in  regard  to  their  department. 

Sec.  6.  The  Board  of  Health  shall  keep  a correct  ^°u^  t0 
and  full  account,  in  suitable  books,  of  all  expenses  in- 
curred, with  whom,  and  on  what  account,  and  whether 
payable  by  the  city  or  by  individuals,  and  a like  account 
of  all  moneys  expended,  to  whom  paid,  and  on  what 
account ; and  shall,  at  the  end  of  every  month,  render 
to  the  City  Council  an  account  of  all  expenses  that  may 
have  occurred  under  their  authority,  and,  upon  the 
Board  certifying  to  the  correctness  of  the  same,  and  the 
same  being  approved  by  the  Council,  the  Clerk  shall 
issue  his  warrant  therefor,  payable  ont  of  any  money 
not  otherwise  appropriated. 

Sec.  7.  The  owner  or  occupant  of  every  lot,  or  build-  Usances, 
ing,  or  any  appurtenance  thereof,  shall  keep  every  part 
thereof  free  from  tilth  or  anything  offensive  to  the  neigh- 
borhood about  the  same,  likely  to  contribute  to  disease  or 
infection,  or  which  is  prohibited  by  the  Board  of  Health ; 
and  upon  failure  to  do  so,  it  is  hereby  made  the  duty  of 
the  City  Marshal  or  Health  Inspector,  upon  complaint, 
inspection,  or  order  of  the  Board  of  Health,  immediately 
to  give  notice  to  the  owner  or  occupant  thereof,  and  re-  Removal  of,  &c. 
quire  him  to  do  such  act  as  the  said  officer,  under  the 
direction  of  the  Board  of  Health,  shall  deem  necessary 
for  the  health  of  said  city,  and  in  case  of  failure  to  com- 
ply with  such  requirements  for  the  space  of  twelve  hours, 
said  officer  is  required  and  empowered  to  do  such  acts 
himself,  keeping  a correct  account  of  the  expenses  of  the 
same,  for  all  of  which  expenses  said  owner  or  occupant 
shall  be  liable  to  three  times  that  amount,  to  be  col- 
lected by  an  action  in  favor  of  the  city  of  Davenport. 

Sec.  8.  Said  Board  of  Health  shall,  from  time  toslausljter  * 

. , i -|  Foubos,  &c. 

time,  cause  every  slaughter  house  and  yard  of  the  city 
to  be  entered  and  examined,  and  a report  made  of  any 


CITY  ORDINANCES. 


[CHAP.  29. 


Duty  of  physi- 
cians. 


Removal  of 
sick. 


Confinement. 


Posting  notice. 


172 

violation  of  ordinance  in  relation  thereto,  such  report 
to  be  accompanied  by  a list  of  names  of  the  witnesses 
by  whom  the  facts  contained  in  such  report  are  expected 
to  be  proven. 

Sec.  9.  It  shall  be  the  duty  of  every  physician  in 
the  city  to  report  to  the  Board  of  Health  every  case  of 
ship  fever,  cholera  or  small-pox  he  may  be  called  upon 
to  attend  within  the  limits  of  the  city,  or  within  live 
miles  of  the  same,  within  twelve  hours  after  he  shall 
have  examined  the  patient,  with  the  number  and  loca- 
tion of  the  house,  name  of  occupant,  and  street,  under 
penalty,  for  failure  to  do  so,  of  ten  dollars  fine. 

Sec.  10.  Whenever.it  shall  appear  to  said  Board  of 
Health  that  any  person  has  been  attacked  by  cholera, 
ship  fever,  or  any  contagious  disease,  said  Board  shall 
cause  such  person  to  be  removed  immediately  to  the 
hospital  or  some  other  retired  place ; but  if  such  person 
refuse  to  be  removed,  or  if  his  or  her  condition  is  such 
that,  in  the  opinion  of  the  Board  of  Health,  removal 
would  be  attended  with  danger,  said  Board  shall  take 
such  measures  as  may  be  deemed  advisable  to  prevent 
the  spread  of  the  contagion  or  infection,  and  to  cause 
the  diseased  person  to  receive  proper  and  humane  at- 
tention. 

Sec.  11.  All  persons  having  ship  fever,  small-pox, 
or  other  contagious  or  infectious  disease,  in  the  city, 
who  refuse  to  go,  or  cannot  be  taken  therefrom,  to  the 
hospital,  or  other  house  or  place  which  may  be  desig- 
nated by  the  Board  of  Health,  are  hereby  required  to 
be  kept  closely  confined  within  their  resjDective  dwell- 
ings or  places  of  abode  ; and  the  Board  of  Health  shall 
cause  suitable  notices,  with  the  name  or  character  of 
the  disease  printed  or  written  in  large  letters  thereon, 
to  be  posted  up  in  the  most  conspicuous  place  on  or 
near  such  dwelling  or  place  of  abode  in  which  such 
contagious  or  infectious  disease  exists,  and  require  of 
the  occupants  thereof  to  maintain  such  notices  there, 
until,  in  the  opinion  of  the  Board  of  Health,  they  may 


CHAP.  29.] 


HEALTH  OF  CITY. 


Irro 

7o 

be  safely  discontinued  ; and  any  person  failing  to  com- 
ply with  the  requirements  of  this  section  shall  forfeit 
and  pay  a line  of  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

Sec.  12.  If  any  person  shall,  without  permission  of  Smaii-pox,  &c. 
the  Board  of  Health,  leave  his  or  her  place  of  abode 
and  be  found  going  about  the  city  after  the  small-pox 
or  varioloid  eruption  has  made  its  appearance  upon  him 
or  her,  he  shall  forfeit  and  pay  to  the  city  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

Sec.  13.  All  persons  are  required  to  obey  the  ordi- RuleBofBoard- 
nance,  precepts,  regulations  and  requirements  of  said 
Board ; and  whoever  shall  fail,  refuse  or  neglect  so  to 
do,  shall  forfeit  and  pay  to  the  city  not  less  than  live 
nor  more  than  fifty  dollars. 

Sec.  14.  Each  member  of  said  Board  shall  receive  compensation, 
as  full  compensation  for  his  services  two  dollars  for 
each  day  he  shall  attend  the  meetings  thereof ; and  the 
clerk  of  said  Board  shall  keep  a correct  account  of  the 
days  of  attendance  of  each  member  thereof,  and  certify 
the  amount  due  each,  after  deducting  unremitted  fines  for 
non-attendance,  and  the  City  Clerk  shall  issue  his  war- 
rant therefor,  after  approval  by  Council  of  the  account. 

Be  it  further  enacted , That  the  Board  of  Health 
may,  if  they  shall  deem  it  expedient  and  proper,  exer- 
cise any  or  all  the  powers  conferred  by  Article  two  (2) 
of  this  ordinance  ; in  no  case  interfering  with  trade, 
commerce,  navigation  or  other  private  interests  any 
further  than  a due  regard  for  the  public  safety  and 
public  health  may  require. 

article  2. 

Section  1.  All  boats  coming  to  or  bound  for  the  Boats  at  quar 
city  of  Davenport  shall,  if  so  ordered  by  the  Board  of  antin0‘ 
Health,  before  such  boat  or  vessel  can  land  at  the 
wharf,  or  discharge  her  cargo  within  the  limits  of  the 
city,  touch  at  the  quarantine  and  land  all  emigrants  or 
others  recently  from  shipboard,  and  all  sick,  diseased, 


CITY  ORDINANCES. 


[CHAP.  29 


Duty  of  boats. 


Physician  at 
quarantine. 


Permit  to  leave 
quarantine. 


174 

or  unclean  persons,  with  their  stores  and  baggage ; 
provided,  the  officers  stationed  at  the  quarantine  shall 
so  order,  or  it  may  be  necessary,  on  account  of  cholera, 
ship  fever,  small-pox,  or  any  communicable  disease, 
among  the  passengers  or  crew  of  such  boat,  for  the 
same  to  be  landed,  to  relieve  the  master  or  person  in 
charge  of  such  vessel  from  the  penalty  hereinafter  pro- 
vided against  masters  or  owners  of  all  boats  or  vessels, 
who  shall  knowingly  land,  or  bring  into  the  city  limits, 
any  person  or  persons  sick  of  cholera,  ship  fever,  small- 
pox, or  any  communicable  disease  of  a fatal  or  danger- 
ous character. 

Sec.  2.  The  master  of  any  boat  landing  passengers 
contrary  to  the  orders  and  regulations  of  the  Board  of 
Health,  or  contrary  thereto  getting  his  boat  by  the 
quarantine  without  detention,  shall,  on  proof  of  the  fact 
before  the  Police  Magistrate,  be  fined  in  a sum  not  less 
than  fifty  nor  more  than  one  hundred  dollars  ; and  the 
boat  may,  on  the  order  of  the  Board  of.  Health,  be 
forced  to  return  to  the  quarantine  station  and  remain 
any  length  of  time  not  exceeding  twenty  days. 

Sec.  3.  The  physician  and  assistant  physician  at  the 
quarantine  station  shall  have  power  to  administer  oaths 
to  the  masters,  officers,  crew,  or  passengers,  of  any 
steamboat  touching  any  infringement  of  quarantine 
regulations  or  other  matters  connected  with  the  duties 
of  his  office ; and  it  shall  be  the  duty  of  the  quarantine 
physician  to  give  immediate  notice  to  the  Mayor  of  any 
master  of  a steamboat  having  disregarded  the  provisions 
of  this  ordinance. 

Sec.  4.  Whenever  the  physician  in  charge  of  the 
quarantine  shall  be  satisfied  that  there  is  no  cause  for 
the  detention  of  any  vessel  touching  at  quarantine,  or 
such  vessel  shall  have  landed  all  passengers  coming 
under  the  provisions  of  this  ordinance,  or  any  future 
regulation  established  by  ordinance,  and  shall  have  been 
if  required,  thoroughly  cleansed  to  the  satisfaction  of 
the  quarantine  officer,  such  vessels  shall  receive  a per- 


CHAP.  29.] 


HEALTH  OF  CITY. 


175 

mit  to  enter  the  city.  The  said  officer  shall  also  give  to 
persons  in  quarantine,  when  satisfied  that  themselves 
are  free  from  disease,  and  their  baggage  and  effects  are 
properly  washed,  cleansed  and  purified,  a certificate  to 
that  effect,  and  such  certificate  shall  authorize  and  per- 
mit such  persons  to  depart  from  the  quarantine.  But 
the  Board  of  Health,  in  cases  of  the  prevalence  of  chol- 
era or  ship  fever,  shall  have  power  to  prevent  tlie  ad- 
mission of  emigrants  and  others  peculiarly  liable  to 
such  diseases,  into  tlie  city. 

Sec.  5.  Any  person  placed  in  quarantine  who  sliall same— renalty- 
leave  the  same  without  a certificate,  as  in  the  last  sec- 
tion required,  shall  be  liable  to  a penalty  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars,  to 
be  sued  for  and  recovered  before  the  Police  Magistrate, 
as  in  other  cases. 

Seg.  6.  Tlie  master  or  person  in  charge  of  any  steam-  Penalty, 
boat  or  other  vessel,  who  shall  knowingly  bring  into  the 
city  any  person  or  persons  diseased  with  cholera,  small- 
pox, ship  fever,  yellow  fever,  or  any  communicable  dis- 
order endangering  life,  or  who  shall  land  any  such  sick 
persons  within  five  miles  of  the  city,  except  at  tlie 
quarantine  station,  shall  be  liable  to  a penalty  of  not 
more  than  one  hundred  dollars  for  each  and  every 
offense,  no  matter  from  what  quarter  the  said  vessel 
may  approach  the  city ; and  the  master  or  person  in 
charge  of  any  vessel  coming  from  the  south,  who  shall 
disregard  the  quarantine  regulations,  or  disobey  the 
orders  of  the  quarantine  officers,  shall  also  be  liable  to 
a like  penalty  for  such  disregard  or  disobedience,  in 
addition  to  the  liability  under  the  first  provision  of  this 
section ; and  it  shall  be  the  duty  of  the  City  Marshal  or 
Health  Inspector,  whenever  complaint  is  made  before 
the  Police  Magistrate  of  a violation  of  any  of  the  pro- 
visions of  said  ordinance,  to  arrest  the  offender  forth- 
with and  bring  him  without  delay  before  the  Police 
Magistrate  for  trial. 

Sec.  7.  Whenever  the  Mayor  shall  be  informed  and 


CITY  ORDINANCES. 


[CHAP.  29. 


176 

Duty  of  Mayor,  satisfied  that,  contrary  to  the  orders  and  regulations  of 
the  Board  of  Health,  any  steamboat  or  vessel  has  left 
the  quarantine  station  without  a permit,  or  has  failed  to 
to  stop  at  the  same,  or  that  any  vessel  having  on  board 
cholera,  ship  fever,  small-pox,  or  any  communicable 
disease  of  a fatal  and  dangerous  character,  has  failed  to 
land  at  the  quarantine  and  give  notice  thereof,  and  fur- 
ther failed  to  obey  the  instructions  of  the  Mayor,  or 
Board  of  Health,  or  quaratine  officers,  in  regard  to  said 
diseased  persons,  or  the  boat  bringing  the  same,  it 
shall  be  the  duty  of  the  Mayor,  if  in  his  opinion  the 
health  of  the  city  requires  it,  to  proceed  at  the  head  of 
the  police  of  Davenport,  to  such  boat  or  vessel,  to  take 
her,  and  cause  the  boat,  together  with  the  crew  and  all 
the  passengers  on  board,  to  be  conveyed  to  the  quaran- 
tine station,  there  to  remain  until  discharged  by  the 
proper  authorities ; and  all  expenses  incurred  in  such 
removal  shall  be  paid  by  such  boat  or  vessel ; and  any 
person  aiding  or  abetting  the  master  or  person  in  charge 
of  said  vessel,  in  violation  to  the  quarantine  regula- 
tions, shall,  on  conviction  thereof,  forfeit  and  pay  to  the 
city  of  Davenport  a sum  not  less  than  fifty  nor  more 
than  one  hundred  dollars. 

Expenses.  Sec.  §.  When  practicable,  all  expenses  of  removal 
of  sick  persons  from  boats  to  the  hospital,  or  expenses 
incurred  in  cleansing  or  purifying,  or  furnishing  medi- 
cines to  those  placed  in  quarantine,  shall  be  defrayed  by 
such  persons  themselves  ; in  all  other  cases  the  expenses 
shall  be  paid  by  the  city. 

Emigrants,  &c , Sec.  9.  The  section  of  this  ordinance  which  requires 

at  quaiantme.  ^ emigrants  or  other  persons  lately  from  shipboard,  to 
be  landed  at  the  quarantine  station,  whether  sick  or  oth- 
erwise, until  their  persons,  baggage  and  effects  shall  have 
undergone  the  required  cleansing  and  purification,  shall 
only  be  considered  in  force  when  and  so  long  as  the 
same  may  be  deemed  necessary  by  the  Board  of  Health, 
on  account  of  the  prevalence  of  cholera  or  ship  fever 
at  Hew  Orleans,  or  on  board  of  emigrant  vessels  arriv- 


CHAP.  29.1 


HEALTH  OF  CITY. 


177 

ing  at  tliat  port,  or  the  prevalence  of  either  of  said 
diseases  in  the  city  of  St.  Louis ; and  it  shall  he  the 
duty  of  the  Mayor  to  give  notice,  by  proclamation,  when- 
ever the  Board  of  Health  shall  consider  it  necessary  to 
enforce  said  section,  and  to  send  said  proclamation  con- 
taining the  purport  of  the  regulations  established  to 
Muscatine,  Burlington,  Keokuk,  Quincy  and  St.  Louis, 
that  all  parties  interested  may  have  due  notice  thereof. 

Sec.  10.  The  Board  of  Health  and  the  officers  in  Quarantine 
charge  of  the  quarantine  shall  have  power  to  make  such  ieg'ulatlolis- 
regulations  for  the  proper  conducting  and  management 
thereof  as  may  be  found  necessary  ; and  all  persons  in 
quarantine,  and  the  officers  and  agents  of  the  city  em- 
ployed in  that  service,  shall  observe  the  same ; said  offi- 
cers and  agents  under  the  penalty  of  summary  dismissal 
by  the  Mayor,  when  recommended  by  the  Board  of 
Health,  for  any  neglect  of  duty ; and  persons  in  quaran- 
tine, under  a penalty  of  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars,  on  proof  before  the  Po- 
lice Magistrate  of  infringement  of  such  regulations, 
when  informed  of  the  existence  thereof. 

Sec.  11.  It  shall  be  the  duty  of  the  quarantine  phys-  Fees, 
ician  or  assistant  physician  to  collect  from  every  steam- 
boat or  other  vessel  examined  at  the  station,  the  sum  of 
two  dollars,  before  giving  a certificate  or  permit  to  such 
vessel  to  enter  the  city ; and  one-half  the  sums  so  col- 
lected shall  be  paid  over  to  the  City  Treasurer  monthly, 
provided , however,  that  regular  packets  to  this  port 
shall  pay  but  one  dollar. 

Sec.  12.  In  addition  to  the  foregoing  powers  the  Health  officer 
Board  of  Health,  or  the  Council,  or  the  Mayor  are 
hereby  empowered  to  appoint  one  or  more  health  offi- 
cers, removable  by  the  Board  or  City  Council,  who  shall 
have  the  power  to  board  every  boat  arriving  at  the 
levee  of  said  city,  before  it  shall  have  discharged  its 
freight  or  passengers,  and  to  inspect  and  examine  all 
freight  and  passengers  proposed  to  be  landed  at  this 
place,  and  only  such  portions  of  the  same  shall  be 
23 


CITY  ORDINANCES. 


[CHAP.  29. 


178 

landed  within  tlie  limits  of  the  city  as  he  or  they  shall 
allow,  and  the  remainder  to  he  landed  at  such  point  as 
the  health  officer  shall  direct.  When  ordered  to  do  so 
by  the  Board  of  Health,  or  the  Council,  or  the  Mayor, 
the  officers  so  appointed  shall  exercise  the  powers  con- 
ferred in  this  section. 

power  over  Sec.  13.  In  case  the  Board  of  Health  shall  not 

boats. 

establish  any  quarantine,  or  if  boats  shall  pass  quaran- 
tine without  inspection  and  permit,  and  in  all  cases  when 
required  by  the  Mayor,  or  the  Board  of  Health,  or  other 
health  officer,  every  boat  arriving  at  the  wharf,  or 
within  the  limits  of  said  city,  shall  neither  receive  on 
board  or  discharge  any  freight  or  passengers,  or  permit 
any  person  not  a passenger  to  go  on  board  for  any  pur- 
pose whatever,  until  the  health  officer,  or  other  named 
officers,  shall  have  given  his  or  their  permission ; that 
upon  the  boarding  of  the  boat  by  such  officers,  the  offi- 
cers of  said  boat  shall  furnish  to  said  city  officer,  or  offi- 
cers, all  information  relative  to  passengers  or  freight 
proposed  to  be  landed  here,  as  may  lay  in  their  power, 
and  in  case  said  boat  shall  fail  to  comply  in  any  particu- 
lar with  any  provisions  of  this  or  of  the  last  section  of  this 
ordinance,  or  fail  to  obey  any  of  the  reasonable  require- 
ments of  the  health  officer,  or  officers,  in  the  due  execu- 
tion or  performance  of  their  duties,  it  shall  pay  to  said 
city  a fine  of  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars,  for  each  and  every  offense,  to  be 
recovered  of  said  boat  by  action  instituted  in  the  name 
of  the  city  of  Davenport. 

sick  to  be  cared  Sec.  II.  It  shall  be  the  duty  of  the  Board  of  Health, 
in  the  case  of  persons  thus  landed  by  their  direction 
without  the  city  limits,  to  provide  for  them  places  in 
which  to  stop  ; to  see  that  such  of  the  sick,  whose  con- 
dition requires  it,  have  attendants  and  necessaries;  and 
when  such  attendants  and  necessaries  have  been  pro- 
vided at  the  expense  of  the  city,  the  person,  or  persons, 
for  whom  the  same  have  been  provided,  shall  be  liable 
to  said  city  for  the  amount  thus  expended,  and  the 


CHAP.  29.] 


HEALTH  OF  CITY. 


179 

Board  of  Health  may  collect  the  same"  from  such  per- 
sons, or  their  heirs,  executors,  administrators,  or  as- 
signs, by  action  instituted  against  them  in  the  name  of 
the  city  of  Davenport.  Persons  either  carried  or  landed 
out  of  the  city,  by  the  Board  of  Health,  shall  stay 
within  its  limits  until  the  Board  of  Health  shall  give 
them  permission  to  enter  and  remain  in  said  city  ; and 
any  person  so  going  into,  or  remaining  in  the  city, 
without  such  permission,  or  any  person  who  takes 
another,  or  others,  into  said  city,  without  such  permis- 
sion, shall  pay  a line  to  said  city  of  Davenport  not  ex- 
ceeding $100.  The  Board  of  Health,  in  all  cases,  when, 
in  their  judgment,  the  health  of  the  city  demands  it,  may 
cause  any  person,  taken  sick  within  the  limits  of  said 
city,  with  a disease  which  is  infectious,  contagious,  or 
dangerous  to  community,  to  he  removed  to  a suitable 
place,  where  danger  to  the  inhabitants  of  the  city  will 
be  prevented. 

Sec.  15.  The  city  lias  a remedy  over  and  against 
any  and  all  persons  for  all  expenses  incurred  in  their 
behalf,  and  for  all  supplies  and  aid  furnished  to  them. 

Sec.  16.  If  the  Board  of  health  shall  at  any  time 
establish  a quarantine,  the  physician  and  necessary  offi- 
cers, as  well  as  those  for  hospitals,  shall  be  appointed 
and  their  compensation  fixed  by  the  Board  of  Health, 
subject,  however,  to  the  approval  of  the  City  Council, 
which  may  reduce  or  increase  the  compensation  as  it 
deems  proper.* 

Passed  and  approved  August  8th,  1866. 


* Quarantine.— As  to  quarantine  power  of  cities,  see  41  Maine,  363;  45  id.,  496; 
also  city  charter,  Art.  5,  Sec.  2;  ante , p.  38. 

Board  of  Health-orders  of.— Regularly,  the  orders  of  the  Board  of  Health 
should  he  in  writing.  See  15  Wend.,  397;  18  id.,  169;  9 Wend.,  833;  6 id..  651. 

Power  of  City.— Charter  gives  city  full  power  to  secure  the  public  health.— 
See  ante , p.  38. 


Remedy  of  city. 


Officers— com- 
pensation . 


180 


CITY  ORDINANCES. 


[CHAP.  29. 


Part  III. 


AN  ORDINANCE  to  secure  the  better  preservation  of 
the  health  of  the  city. 


Occupant  to 
clean  out  paved 
and  macada- 
mized gutters. 


Penalty  for 
violation . 


Section  1.  Every  occupant  of  any  lot  or  lots,  in  front 
of  or  adjoining  which  there  is  any  paved  or  macadam- 
ized gutter,  is  hereby  required,  once  every  two  weeks, 
between  the  first  day  of  April  and  November  of  each 
year,  thoroughly  to  clean  out  the  said  gutter  in  front  of 
or  adjoining  the  property  occupied  by  him,  and  place 
the  dirt  and  matter  thus  cleaned  out  into  a pile,  so  that 
it  can  be  removed  by  the  carts  or  other  vehicles  pro- 
vided by  the  city,  and  said  cleaning  out  shall  be  done 
on  or  before  Friday  of  every  second  week,  so  that  it 
can  be  removed  on  Saturday  ; and  any  person  who  shall 
fail  or  neglect  to  comply  with  this  ordinance  shall  be 
guilty  of  a misdemeanor,  and  fined  not  exceeding  ten 
dollars  for  each  and  every  offense ; and  if  the  city 
authorities  are  compelled  to  clean  out  said  gutters,  the 
officer  shall  keep  an  account  of  the  expenses  for  three 
times  the  amount  of  which  the  party  shall  be  liable  (in 
addition  to  the  fine  above  provided  for)  in  an  action  by 
the  city.  If,  in  the  gutters  running  north  and  south, 
sand  or  other  materials  are  washed  into  the  gutters  from 
above  by  the  action  of  the  flowing  water  from  the  bluff, 
it  shall  be  the  duty  of  the  city,  and  not  the  adjoining 
occupant,  to  clean  out  such  sand  and  other  materials. 


How  slops,  Sec.  2.  Within  the  limits  specified  in  the  first  sec- 
I rlufbe  dis-  tion  of  an  ordinance  entitled  “An  ordinance  to  prevent 
swine  from  being  kept  in  certain  parts  of  the  city,  and 
to  regulate  the  mode  of  keeping  the  same  in  other  parts 
of  the  city,  and  for  other  purposes,”  passed  September 
24,  1866,  it  shall  be  the  duty  of  each  head  of  a fam- 
ily, between  the  first  day  of  April  and  November  of 
each  year,  to  put  all  slops,  dirt,  garbage,  offal,  filth, 
refuse  vegetables,  dish  water,  and  all  other  matters  lia- 
ble to  decay,  into  a water  tight  barrel,  cask  or  other 
vessel,  and  to  place  the  same,  once  a week  or  oftener, 


CHAP.  29.] 


HEALTH  OF  CITY. 


181 

if  required  by  the  Marshal,  Health  officer,  or  Board  of 
Health,  at  some  convenient  place,  so  that  the  same  may 
he  removed  by  the  carts  or  other  vehicles  ot  the  city, 
and  whoever  fails  to  comply  with  this  requirement  is 
guilty  of  a misdemeanor,  and  shall  be  punished  accord- 
ingly. This  section  does  not  apply  to  those  having 
drainage  into  the  sewers  on  Main  and  Iowa  streets,  and 
shall  not  apply  to  those  who  may  be  allowed  by  the 
City  Marshal,  or  Health  Inspector,  to  bury  or  dispose  of 
the  garbage  on  their  premises. 

Sec.  3.  All  persons  living  within  the  limits  specified  ^ ^g™greedis 
in  the  last  section  are  from  this  date  hereby  prohib-of- 
ited  from  depositing  or  throwing  any  manure  of  any 
kind  into  the  alleys  or  streets,  or  upon  the  sidewalks,  or 
upon  their  own  premises ; all  such  manure  shall  be 
thrown  or  deposited  in  a tight  box  or  vessel,  and  unless 
removed  by  the  owner  from  the  city,  it  shall  be  placed 
by  him  as  often  as  may  be  required,  and  as  may  be  re- 
quired by  the  Marshal,  or  Health  officer,  or  Board  of 
Health,  in  some  convenient  place  where  it  may  be  re- 
moved by  the  city  authorities,  if  the  city  shall  decide  to 
remove  the  same  ; but  unless  the  city  does  undertake  to 
remove  the  same,  it  shall  be  the  duty  of  the  party  him- 
self to  remove  it  once  every  week,  or  as  soon  as  the  box 
is  tilled,  and  any  person  guilty  of  violating  this  section 
shall  be  punished  and  proceeded  against  as  for  a misde- 
meanor, and  as  being  guilty  of  causing  and  continuing 
a nuisance. 

This  section  is  not  intended  to  prevent  the  manuring  Meaning  of  this 
of  the  land  of  gardens  in  the  usual  manner,  provided  plained.  ‘ 
the  manure  be  thoroughly  mixed  with  dirt,  and  is  so 
done  as  to  cause  no  stench  or  smells  to  arise.  And 
this  section  does  not  allow  manure  to  be  deposited  in 
alleys  after  November,  contrary  to  existing  ordinances. 

The  box  or  other  vessel  into  which  manure  is  deposited 
or  thrown  shall  not  exceed  three  in  width,  six  in  length 
and  four  in  lieigth,  and  it  shall  not  in  any  case  be  so 
placed  as  to  obstruct  the  passage  of  the  alley,  and  the 
party  shall  conform  to  the  requirements  of  the  Health 


CITY  ORDINANCES. 


[CHAP.  29. 


Office  of  Health 

Inspector 

created. 


Bond,  oath, 
duties,  &c. 


Powers. 


Complaint 

book. 


Has  all  the 
power  of  Mar- 
shal, &c. 


Appointment 

of. 


182 

Inspector,  Marshal  or  other  health  officer  of  the  city, 
in  the  placing  of  the  box  or  vessel  and  in  the  removing 
of  the  manure. 

Sec.  4.  At  the  first  regular  meeting  of  the  City 
Council  after  the  first  Saturday  in  April,  1867,  and 
annually  thereafter,  the  City  Council  shall,  on  the  nom  - 
ination of  the  Mayor,  confirm  an  officer  to  he  known 
as  Health  Inspector  of  the  city,  who  shall  hold  his 
office  until  the  first  day  of  November  thereafter,  unless 
the  Council  shall  otherwise  direct ; he  shall  take  an  oath 
of  office,  and  give  a bond  in  the  penal  sum  of  $1,000, 
faithfully  to  perform  his  duties.  He  shall  have  power 
and  it  is  made  his  duty  to  examine  into  the  sanitary 
condition  of  the  whole  city,  to  cause  every  street  and 
alley  and  every  private  yard,  cellar,  cistern  and  well, 
privy  and  stable  to  be  thoroughly  cleaned  out,  and  all 
nuisances  and  causes  of  disease  to  be  removed.  This 
examination  and  cleaning  out  shall  be  done  as  often  as 
necessary  to  keep  the  city  clean.  He  shall  have  power 
to  enforce  all  the  health,  and  all  other  ordinances  of 
the  city  relating  to  the  health  of  the  city.  He  shall 
keep  a “Complaint  Book,”  and  shall  cause  an  examin- 
ation to  be  made  of  every  complaint  relating  to  nuis- 
ances or  other  matters  affecting  the  health  of  the  city. 
Within  the  scope  of  his  powers  and  duties,  he  shall 
have  all  the  powers  and  authority  of  the  City  Marshal. 
If  there  shall  be  a Board  of  Health  in  existence,  he 
shall  co-operate  with  them.  If  not,  he  shall  act  under 
the  direction  of  the  Council,  and  shall  have  the  power 
to  do,  and  to  require  to  be  done,  all  acts  necessary  to 
preserve  the  health  of  the  city.  And  all  citizens  and 
other  persons  in  the  city  are  directed  to  obey  all  his 
lawful  orders  respecting  the  abatement  and  removal  of 
nuisances. 

Sec.  5.  The  Mayor  is  authorized  and  required  imme- 
diately to  appoint,  subject  to  confirmation  by  the  City 
Council,  a suitable  person  to  act  as  Health  Inspector, 
and  who  shall  hold  his  office  until  his  successor  is 
appointed  and  qualified,  or  until  he  is  removed,  which 


CHAP.  29.] 


HEALTH  OF  CITY. 


183 

he  may  be  at  the  pleasure  of  the  City  Council ; and  the 
person  thus  appointed  shall  at  once,  upon  qualifying  as 
required,  enter  upon  the  performance  of  the  duties  en- 
joined and  prescribed  by  this  ordinance.  And  the 
Health  Inspector  shall  hereafter,  and  while  this  ordi- 
nance continues  in  force,  be  appointed  by  the  Mayor, 
and  confirmed  by  the  Council,  at  the  time  other  city 
officers  are  appointed  and  confirmed  or  elected  by  the 
Council. 

Sec.  6.  The  compensation  of  the  Health  Inspector  compensation, 
shall  be  the  sum  of  seventy-five  dollars  per  month, 
during  such  time  as  the  Council  shall  deem  it  necessary 
to  continue  him  in  office.  He  is  removable  at  all  times 
at  the  pleasure  of  the  Council.* 

Passed  and  approved  September  25,  1866. 


Part  IV. 

U ORDINANCE  to  prevent  the  spread  of  infec- 
tious or  contagious  diseases , and  to  preserve  the  health 
of  the  city. 

Section  1.  All  beds,  bedding  and  other  clothing  Beds,  &c.,  of 

° cholera  and 

which  have  been  used  by  any  person  when  sick  with  smaii-pox 

Till  • tit  patients— how 

cholera  or  small-pox,  are  declared  to  be  nuisances  liable  disposed  ot,  &c. 
to  endanger  the  public  health,  and  the  City  Marshal, 
the  Board  of  Health,  or  any  member  of  it,  or  any  health 
officer,  or  Health  Inspector,  or  member  of  the  City 
Council,  or  Mayor,  has  the  power,  and  it  is  made  his 
duty,  to  cause  said  beds,  bedding  or  clothing  to  be 
burned  or  otherwise  destroyed  or  disinfected,  as  here- 
inafter directed ; and  whoever  interferes  with  or  ob- 


*The  office  of  “Health  Inspector”  was  created  in  view  of  the  fact  that  the 
Marshal’s  time  is  largely  taken  up  with  his  general  duties,  and  in  view  of  the 
further  fact  that  it  is  not  contemplated  that  a Board  of  Health  will  he  organized 
unless  in  case  of  actual  or  threatened  epidemics. 

The  Health  Inspector,  as  regards  all  matters  pertaining  to  the  health  and 
sanitary  condition  of  the  city,  has  all  the  powers  given  by  any  ordinance  to  the 
Marshal,  whether  the  Health  Inspector  be  therein  specially  named  or  not.  The 
Marshal  is  still  a health  officer  as  before,  and  his  powers  in  this  respect  remain. 


CITY  ORDINANCES. 


[CHAP.  29’ 


184 

structs  any  of  said  officers  in  the  discharge  of  this 
duty,  is  guilty  of  a misdemeanor,  and  shall  be  fined  not 
less  than  five  nor  more  than  one  hundred  dollars  for 
each  offense. 

Same.  Sec.  2.  All  such  beds,  bedding  and  clothing  which 

have  received  any  portion  of  the  discharges  of  cholera 
patients,  shall  be  burned  or  otherwise  destroyed.  If 
these  articles  have  not  been  saturated  with  or  received 
any  of  the  discharges  of  cholera  patients,  such  articles 
need  not  be  destroyed  by  such  officers,  if  they  are  under 
the  direction  of  the  city  officer,  or  health  officer,  prop- 
erly disinfected.  And  bedding  and  clothes  used  by 
small-pox  patients,  shall  be  destroyed  or  disinfected,  as 
may  be  directed  or  deemed  best  by  the  City  Marshal  or 
other  officer  named  in  section  one  of  this  ordinance. 
Provision  for  Sec.  3.  If  the  articles  destroyed  shall  leave  the  per- 
sons. u e pei  son  without  other  bedding  or  clothes,  and  without  the 
means  to  obtain  them,  the  city  officer  shall  have  the 
power  to  procure  other  articles,  so  far  as  necessary  for 
the  comfort  and  health  of  the  party,  provided  the  Mayor 
shall  so  direct,  but  not  otherwise. 

Passed  and  approved  September  19,  1866. 


CHAPTER  XXX. 

AN  ORDINANCE  to  provide  for  taxing,  licensing 
and  regulating  Hawkers  and  Pedlars  A 

License  necee-  Section  1.  Ho  hawker  or  pedlar  of  any  article  of 
merchandise  or  of  traffic  usually  kept  for  sale  by  any 
merchant  or  manufacturer  of  this  city,  shall  be  permit- 
ted to  sell  any  such  article  of  merchandise  or  traffic  at 
wholesale  or  retail,  or  offer  the  same  for  sale  within 
this  city,  without  first  having  obtained  a license  therefor 
as  hereinafter  provided. 

Sec.  2.  The  Clerk  is  authorized  to  issue  licenses  to 


Charter  gives  power  to  tax,  license  and  regulate.  Ante , p.  39. 


CHAP.  81.] 


HORSES  RUNNING  AT  LARGE. 


185 

hawkers  and  pedlars  upon  a receipt  from  the  City  License  fee 
Treasurer  being  produced  to  him  for  the  sum  of  ten 
dollars  therefor,  which  license  shall  authorize  said 
hawker  or  pedlar  to  sell  within  the  city  limits  for  the 
term  of  one  month,  but  no  such  license  will  authorize 
sales  to  be  made  except  by  the  person  to  whom  it  was 
issued.  For  issuing  such  license  the  Clerk  shall  be  en- 
titled  to  a fee  of  one  dollar,  to  be  paid,  by  the  hawker 
or  pedlar. 

Sec.  3.  Any  person  who  shall  violate  any  provision  Penalty, 
of  this  ordinance  shall  be  liable  to  a fine  of  fifteen  dol- 
lars for  each  and  every  offense. 

Passed  and  approved  December  4,  1851 ; August  4, 

1858. 

[By  resolutions  of  City  Council  passed  December  15,  1864,  the  Marshal  was 
instructed  to  enforce  this  chapter.  The  legal  questions  arising  were  referred  to 
the  City  Clerk  and  the  Committee  on  Licenses,  with  power  to  reduee  the  license 
in  particular  cases,  if  deemed  advisable — such  reduction,  and  the  reasons,  to  be 
reported  at  the  next  regular  meeting  of  the  Council.  And  the  same  resolutions 
also  applied  to  licenses  of  performances.] 


CHAPTER  XXXI. 

AN  ORDINANCE  to  prohibit  horses  from  running  at 
large  in  the  citij  of  Davenport. 

Section  1.  Ho  horse,  mare  or  mule,  above  the  age  Restrained, 
of  six  months,  shall  be  permitted  to  run  at  large  in  the 
city  of  Davenport. 

Sec.  2.  It  shall  be  the  duty  of  the  Marshal  to  take  outy  of  Mar 

• . . ,,  *'  shal. 

into  his  possession  all  such  horses,  mares  and  mules 
above  the  age  aforesaid,  that  shall  be  found  running  at 
large  in  the  streets,  alleys  or  open  lots  in  said  city  ; and 
if  he  shall  know  the  owner  thereof,  and  said  owner 
shall  live  within  the  city,  or  within  one  mile  thereof, 
he  shall  give  him  notice  that  he  has  such  animal  in  his 
possession,  and  shall  deliver  the  same  to  said  owner 
upon  his  paying  the  charges  as  hereinafter  specified. 

Sec.  3.  When  the  owner  thereof  shall  neglect  or  same. 

24 


CITY  ORDINANCES. 


[CHAPS.  31,  32. 


186 

refuse  to  pay  tlie  charges,  or  shall  not  he  known  to  said 
Marshal,  he  shall,  within  five  days  after  the  taking  up, 
advertise  in  one  of  the  newspapers  of  this  city,  that  he 
will  sell  said  animal  at  public  sale,  at  a time  and  place 
therein  mentioned  (which  shall  not  be  less  than  five  days 
from  such  publication,)  and  if  no  owner  appears  and 
pays  the  charges  before  the  day  of  sale,  he  shall  sell 
said  animal  at  public  sale,  and  pay  the  proceeds  thereof, 
after  deducting  the  charges  thereon,  into  the  City  Treas- 
ury, which  money  shall  be  there  retained  for  the  owner 
of  said  horse,  mare  or  mule. 

Sec.  4.  The  Marshal  shall  be  allowed  the  following 
fees  under  this  ordinance : For  taking  up  each  horse, 
mare  or  mule,  the  sum  of  fifty  cents  ; for  giving  notice 
to  the  owner,  fifty  cents  ; for  feed  and  keeping  per  day 
fifty  cents  ; for  advertising  (in  addition  to  printer’s  fee,) 
twenty-five  cents,  and  for  selling  each  horse,  mare  or 
mule,  the  sum  of  fifty  cents. 

Sec.  5.  If  the  owner,  or  his  servant,  or  agent,  or  if 
any  other  person  having  control  over,  or  charge  of  any 
of  the  animals  mentioned  in  section  one,  shall  permit 
the  same  to  run  at  large,  contrary  to  the  provisions  of 
this  ordinance,  he  shall  also  be  fined  in  the  sum  of  five 
dollars  for  the  first  offense,  and  ten  dollars  for  the  sec- 
ond, and  twenty-five  dollars  for  the  third,  and  shall  also 
be  liable  for  any  and  all  damages  to  persons  or  property 
done  by  said  animal  when  so  at  large. 

Passed  and  approved  Dec.  4,  1851,  except  5th  sec- 
tion, which  was  passed  and  approved  Sept.  13,  1866. 

[Note.— This  ordinance  is  clearly  authorized  by  the  specific  and  general  powers 
confered  upon  Council.  Ante,  pp.  38,  40. 


CHAPTER  XXXII. 

AN  ORDINANCE  to  prevent  obstructions  to  the  land- 
ing in  front  of  the  city , and  to  prohibit  the  removal 
of  gravel  or  earth  therefrom. 

[This  ordinance  is  incorporated  in  Chapter  84.] 


CHAPS.  33,34.] 


RELIEF-LUMBER. 


187 


CHAPTER  XXXIII. 

AN  ORDINANCE  for  the  relief  of  Antoine  Le  Claire 
and  George  L.  Davenport. 

[Grants  to  the  parties  named,  and  assigns,  use  of  a 
portion  of  the  public  landing,  in  front  of  block  6,  for 
15  years,  from  November  9,  1850,  for  a certain  rent. 
The  time  having  expired,  the  ordinance  is  not  reprinted 
herein.] 


CHAPTER  XXXIV. 

AN  ORDINANCE  providing  for  the  inspection  and 
measurement  of  lumber. 

Section  1.  All  lumber  or  timber,  sold  or  purchased,  city  Measurer 
to  be  used  in  the  city  of  Davenport,  shall  be  properly  quned.  rG 
inspected  and  measured  by  the  person  appointed  by  the 
City  Council  for  that  purpose,  if  either  party  should 
recpiire  it,  and  a certificate  thereof  given,  which  inspec- 
tion and  measurement  shall  be  according  to  the  judg- 
ment of  the  person  so  appointed. 

Sec.  2.  Any  person  who  shall,  for  the  purpose  of  Fraud  pro 
cheating,  wronging  or  defrauding  another,  exhibit  or 
use  a certificate  of  measurement,  by  making  the  same 
applicable  to  any  greater  or  less  quantity  of  lumber  or 
timber  than  that  for  which  the  same  was  given,,  shall 
pay  a fine  not  exceeding  five  dollars  for  every  such 
offense. 

Sec.  3.  There  shall  be  allowed  for  services  under  the  Fcp. 
provisions  of  this  ordinance,  the  following  fees,  one-half 
of  which  is  to  be  paid  by  each  of  the  contracting  parties, 
to-wit : for  the  inspection  and  measurement  of  lumber, 
twenty-five  cents  per  thousand  for  the  first  twenty-five 
thousand  feet,  and  twelve  and  a half  cents  for  every 
thousand  feet,  over ; for  the  inspection  and  measure- 
ment of  timber,  fifty  cents  for  one  hour  or  less,  includ- 


CITY  ORDINANCES. 


[CHAP.  35. 


Preamble. 


Objects  enu- 
merated. 


188 

ing  the  time  occupied  in  going  to  the  place  where  the 
same  is  deposited,  and  twenty-live  cents  for  each  suc- 
ceeding hour. 

Passed  and  approved  May  9,  1853. 

[Note.— See  chapter  10  for  provisions  in  relation  to  wood  measurers.  Inspect- 
ing power  given  by  charter.  Ante , pp.  39,  40. 


CHAPTER  XXXV. 

AN  ORDINANCE  for  raising  a loan  of  fifty -nine 
thousand  dollars. 

Sec.  1.  Whereas,  the  city  of  Davenport  is  without  a 
lire  engine,  without  a suitable  public  steamboat  landing, 
without  grounds  for  a reservoir  and  water-works,  and 
without  the  requisite  number  of  lamps  for  lighting  the 
city  with  gas,  all  of  which  are  absolutely  essential  to  the 
welfare  of  the  city ; and,  whereas,  it  is  deemed  expe- 
dient that  twenty  thousand  dollars  should  be  expended 
for  reservoir  and  water-works,  ten  thousand  dollars  for 
lire  engines,  apparatus  and  appendages,  four  thousand 
dollars  for  subscribing  for  stock  in  the  Davenport  Gas 
Company,  and  twenty-live  thousand  dollars  for  grading, 
improving  and  paving,  or  macadamizing  the  levee,  so 
as  to  make  a good  steamboat  landing ; amounting  in  the 
whole  to  lifty-nine  thousand  dollars,  which  amount,  if 
appropriated,  will  have  to  be  raised  by  a loan. 

Be  it  therefore  resolved , that  on  the  lirst  Monday  in 
August,  a poll  shall  be  opened  at  the  Court  House,  in 
the  city  of  Davenport,  for  the  submission  of  the  ques- 
tion to  the  voters  of  said  city,  and  that  the  same  shall 
continue  open  from  9 o’clock  A.  M.  until  6 o’clock  P. 
M.,  and  the  question  shall  be  voted  for  in  the  following 
manner,  to-wit : all  those  in  favor  of  the  loan  shall  vote 
“for  the  loan  of  fifty-nine  thousand  dollars,”  and  all  those 
opposed  thereto,  shall  cast  a vote  “against  the  loan  of 
fifty-nine  thousand  dollars  therefore  be  it 

Resolved , That  if  said  loan  shall  carry,  the  bonds  of 


CHAP.  35  ] 


LOAN  OF  $59,000. 


189 

the  city  in  the  sums  of  live  hundred  dollars  each,  shall 
be  issued  and  signed  by  the  Mayor,  or  Clerk  of  the  city, 
the  principal  payable  at  the  end  of  twenty  years,  and 
the  interest  half  yearly,  not  exceeding  ten  per  centum 
per  annum ; Provided , however , that  the  bonds  shall  in 
no  event  be  sold  for  less  than  their  par  value. 

And  whereas,  said  election  was  held  on  the  first  Mon-^®*ultofeIec~ 
day  in  August,  and  at  the  time  and  place  aforesaid,  and 
by  the  returns  of  said  election,  it  appears  that  there 
were  six  hundred  and  twenty-eight  votes  cast  for  the 
loan  of  fifty-nine  thousand  dollars,  and  two  hundred 
and  sixteen  votes  cast  against  said  loan,  being  a major- 
ity of  four  hundred  and  sixty-two  votes  in  favor  of  said 
loan,  therefore 

Be  it  enacted  by  the  City  Council  of  the  city  of  Dav- 
enport— 

Sec.  1.  That  the  bonds  of  the  city,  in  sums  of  five  Bonds  to  issue, 
hundred  dollars  each,  for  the  sum  of  fifty-nine  thousand 
dollars,  be  issued,  and  signed  by  the  Mayor  and  Clerk 
of  the  city,  and  sealed  with  the  seal  of  said  city,  and 
payable  at  the  end  of  twenty  years,  and  the  interest 
not  exceeding  ten  per  centum  per  annum,  (for  which 
coupons  shall  be  issued,)  payable  half  yearly,  and  sold 
in  accordance  with  the  provisions  of  said  resolutions. 

Sec.  2.  The  faith  of  the  city  of  Davenport  is  hereby  Faith  pledged, 
pledged  for  the  payment  of  said  principal  and  interest 
so  borrowed,  and  the  City  Council  shall  provide  for  the 
payment  of  the  semi-annual  payment  of  interest  upon 
said  bonds,  and  the  ultimate  payment  of  the  principal, 
when  the  same  can  not  be  paid  out  of  the  ordinary 
revenue  of  said  city,  by  levying  a special  tax  for  that  Tax. 
purpose  upon  the  taxable  property  of  said  city. 

Passed  and  approved  August  11,  1856. 

[Note.— As  to  power  of  city  to  borrow  money,  see  charter  and  notes,  ante , pp. 

41,  42. 


190 


CITY  ORDINANCES. 


[CHAP.  36. 


Lower  market 
house. 


Upper  market 
house. 


Exclusive 
privilege . 


CIIAPTEE  XXX YI. 

AN  ORDINANCE  to  establish  two  Market  Houses 
in  the  city  of  Davenport , and  for  the  erection  of 
buildings  for  that  purpose. 

Section  1.  George  L.  Davenport,  Gilbert  C.  E. 
Mitcliell,  Louis  A.  Macklot,  F.  Baurose,  11.  B.  Hoffman, 
and  tlieir  associates  and  assigns,  are  hereby  authorized 
and  empowered,  for  the  consideration  of  the  sum  of  ten 
dollars  per  annum,  to  be  paid  into  the  City  Treasury, 
by  said  Davenport  and  his  associates,  and  for  the  con- 
venience and  benefit  of  said  city,  to  erect  and  put  up  a 
building  in  said  city,  to  be  denominated  a “Market 
House,”  on  Western  Avenue,  between  Fourth  and  Fifth 
streets,  for  the  purpose  of  renting,  leasing  and  hiring 
the  stalls,  rooms,  bunks,  and  other  conveniences  therein 
for  hire,  to  such  person  or  persons  as  they,  the  said 
Davenport  and  his  associates  may  deem  advisable  and 
proper  to  be  used,  for  the  purpose  of  disposing  of  fresh 
meats,  vegetables,  fish,  poultry  and  provisions,  and 
fruits  generally,  as  is  customary  and  proper  in  public 
market  houses,  on  all  days  of  week,  Sundays  excepted. 

Sec.  2.  And  there  is  also  hereby  granted  to  Antoine 
Le  Claire,  upon  the  same  consideration  the  right  to  erect 
build  and  put  a Market  House  in  operation  on  block 
Ho.  seventy-one  (71)  in  said  city,  for  the  same  purposes 
and  with  the  same  rights  as  to  renting,  leasing,  etc., 
and  to  be  used  for  the  same  purposes  as  in  the  grant  to 
George  L.  Davenport  and  others,  in  this  chapter  con- 
tained, to  be  used  by  the  said  Antoine  Le  Claire,  and 
his  heirs  and  assigns,  on  all  days  of  the  week,  Sundays 
excepted. 

Sec.  3.  Said  Davenport,  his  associates  and  assigns, 
and  said  Le  Claire,  and  his  heirs  and  assigns,  so  long  as 
their  respective  rights  to  said  market  houses  shall  con- 
tinue by  virtue  of  this  ordinance,  shall  be  protected  in 
the  exclusive  privilege,  said  city  agreeing  that  no  other 
market  houses  shall  be  established  in  said  city,  and  also 


CHAP.  3G.] 


MARKET  HOUSES. 


191 

agree  to  pass  such  ordinance  or  ordinances  as  will  pro-  4j^eement 
tect  them  from  competition  in  having  fresh  meats,  poul- 
try, tisli  and  vegetables  sold  in  any  other  places  than  in 
the  said  market  houses  ; that  they  will  regulate  the 
hours  of  marketing,  dictate  the  mode  and  manner  of 
conducting  the  same,  appoint  suitable  and  proper  officers 
to  preserve  order,  and  see  that  the  ordinances  in  relation 
to  markets  are  complied  with,  and  will  authorize  the 
said  Davenport  and  his  associates,  and  the  said  Antoine 
Le  Claire,  to  rent  their  stalls,  rooms,  and  conveniences 
of  their  said  buildings  comfortable  thereto,  and  will 
compel  citizens,  and  others,  exposing  marketing  for 
sale,  to  comply  with  all  such  ordinances,  and  to  sell  and 
dispose  of  their  marketing  at  said  markets. 

Sec.  4.  It  is,  however,  provided  that  if  the  said  Duration  of 
George  L.  Davenport,  his  associates  and  their  assigns, 
and  the  said  Antoine  Le  Claire  and  his  heirs  or  assigns, 
shall  keep  up  said  market  houses,  and  shall  comply 
with  all  ordinances  of  the  city  in  relation  to  markets 
and  market  houses,  not  inconsistent  with  this  ordinance, 
then  the  rights  and  privileges  hereby  granted  shall 
accrue,  continue,  and  inure  to  the  said  parties  respect- 
ively, for  the  term  of  ten  years  from  the  date  thereof. 

If  said  Antoine  Le  Claire,  or  his  heirs  or  assigns  shall, 
at  any  time  within  the  term  of  said  ten  years,  discon- 
tinue the  use  of  said  building  as  a market  house,  the 
said  city  shall  have  the  right  to  grant  the  same  privi- 
leges as  to  market,  as  are  hereby  granted  to  the  said 
Antoine  Le  Claire,  to  any  other  person  or  persons,  or 
to  build  and  rent  a market  house,  to  hold  markets  in 
on  the  days  hereby  alloted  to  said  Le  Claire.  At  any 
time  after  the  expiration  of  said  ten  years,  the  city  of 
Davenport  shall  have  the  right  to  take  said  market 
house  so  to  be  erected  by  the  said  George  L.  Davenport 
and  his  associates,  into  the  ownership  and  control  of 
said  city,  by  paying  the  then  owners  thereof  the  cash 
value,  at  that  time,  of  the  improvements,  and  until  the 
city  shall  be  disposed  to  do  so,  the  leasing,  renting,  and 
privileges  herein  granted  to  said  Davenport  and  his 


192  CITY  ORDINANCES.  [CHAP.  30. 

associates  continue  ancl  remain  in  them  and  their  as- 
signs. 

buy^&cfcity  t0  At  any  time  after  the  expiration  of  said  term  of  ten 
years,  (provided  the  said  Le  Claire  shall  so  long  con- 
tinue to  claim  and  use  the  right  hereby  granted)  the 
said  city  may  and  shall  have  the  right  to  take  the  said 
market  house,  and  so  much  of  the  ground  appertaining 
thereto  as  may  be  necessary  for  market  purposes,  at  the 
then  cash  value  of  the  ground,  and  market  house  so 
taken,  and  until  the  said  city  shall  so  take  said  ground 
and  market  house  and  pay  for  the  same,  all  the  rights 
and  privileges  granted  to  the  said  Antoine  Le  Claire, 
shall  remain,  and  continue,  and  inure  to  the  said 
Le  Claire  and  his  heirs  and  assigns. 

Sec.  5.  The  said  Davenport  and  his  associates  shall 
occupy,  for  the  purposes  aforesaid,  the  centre  of  said 
avenue,  forty  feet  wide  and  three  hundred  and  twenty 
feet  long. 

Passed  and  approved  October  18,  1851. 


AN  ORDINANCE  to  repeal  an  ordinance  relating  to 
Markets , Marketing , etc. 

Section  1.  Be  it  enacted  by  the  City  Council  of  the 
city  of  Davenport , that  the  ordinance  entitled  “ An 
ordinance  regulating  Markets,  Marketing,  etc.,”  and  an 
ordinance  relating  to  the  sale,  or  exposing  for  sale,  of 
any  hay,  coal,  vegetables,  meat  or  other  articles  of  mer- 
chandise, in  any  wagon  or  other  vehicle,  passed  and 
approved  December  2, 1857,  be  and  the  same  are  hereby 
repealed. 

Sec.  2.  That  all  of  the  ordinance  entitled  “An  ordi- 
nance to  establish  two  Market  Houses  in  the  city  of 
Davenport,  and  for  the  erection  of  buildings  for  that 
purpose,”  in  relation  to  George  L.  Davenport,  Gilbert 
C.  11.  Mitchell,  Louis  A.  Macklot,  F.  Baurose,  II.  B. 


CHAP.  37.] 


CONTINUATION  OF  MAIN  STREET.  jgg 

Hoffman,  and  tlieir  associates  and  assigns,  be  and  is 
hereby  repealed. 

Passed  and  approved  May  24,  1860.“ 


CHAPTER  XXXVII. 

AN  ORDINANCE  for  the  continuation  of  Main 
street,  in  the  city  of  Davenport,  to  the  northern  limits 
of  said  city. 

Section  1.  Main  street,  in  the  city  of  Davenport,  isExtcnf 
hereby  extended  and  continued  from  its  present  temiii- 
ation,  north  to  the  northern  line  of  the  present  corporate 
limits  of  the  city. 

Sec.  2.  Said  street,  in  all  portions  thereof  heretofore  width 
established,  where  the  same  shall  be  less  than  eighty 
(80)  feet  in  width,  is  hereby  established  at  eighty  feet  in 
width,  and  the  width  of  that  portion  of  said  street, 
which  is  by  this  ordinance  extended  and  continued, 
shall  be  of  the  same  width. 


* Though  the  market  ordinance  is  thus  repealed  it  has  been  re-printed  in  order 
that  the  decisions  of  the  courts  respecting  it  might  be  noted.  It  is  quite  probable 
that  the  subject  of  markets  will  often  arise  in  the  course  of  the  history  of  the  city. 

Those  decisions  are  in  substance  thus: 

Under  this  ordinance  the  Supreme  Court  decided  in  the  City  of  Davenport  v. 
Kelly , <.7  Iowa  Rep.,  102,)  that  the  city  under  its  charter  power  to  establish 
markets,  &c.,  had  the  power  to  prohibit  the  exposing  and  offering  for  sale  meat  at 
other  places  than  those  designated  by  the  Council.  It  was  held  that  such  an 
ordinance  was  a reasonable  regulation,  not  at  an  unreasonable  restraint  of  trade. 
But  in  the  Kelly  case  it  was  further  decided  that  the  city  could  not  delegate  to  the 
private  parties  named  the  powers  contained  in  this  ordinance  ; but  this  point  in 
the  decision  was  subsequently  overruled  in  Le  Claire  v.  City  of  Davenport , (13 
Iowa  Rep.,  210,)  where  it  was  held  that  this  ordinance  was  valid,  and  that  the  city 
had  power  to  authorize  the  erection  of  the  market  houses  by  private  individuals 
and  covenant  to  protect  the  owner  in  the  exclusive  privilege  thereof;  and  that  the 
city  would  be  liable  for  failing  to  protect  him  by  the  passage  of  the  requisite 
ordinances. 

This  point  in  the  decision,  it  may  be  suggested,  admits  of  some  doubt,  on  this 
principle,  that  cities  are  disabled  from  making  binding  contracts  with  reference 
to  the  future  exercise  of  their  legislative  powers,  or  valid  contracts  abdicating 
their  legislative  powers  and  functions. 

As  to  market  ordinances  see  Dubuque  v.  Miller , 11  Iowa  Rep  , 583.  Also  cases 
cited  in  Notes  to  Charter,  an/e,  pp.  62,  80. 

Of  what  a municipal  market  consists,  see  Cincinnati  v.  Buckingham , 10  Ohio 
R.,  257. 


CITY  ORDINANCES. 


I CHAPS.  37,38. 


Same. 


Survey. 


Unlawful  as- 
semblies, &c. 


194 

Sec.  3.  The  east  and  west  boundary  of  that  portion 
of  said  street  hereby  widened,  and  that  portion  hereby 
extended,  shall  be  formed  by  continuing  in  a straight 
line  north,,  the  east  and  west  line  of  said  Main  street, 
from  the  south  side  of  Sixth  street  to  the  north  line  of 
the  corporation.  And  it  shall  be  the  duty  of  the  City 
Engineer  of  said  city,  forthwith  to  survey  said  street, 
as  herein  provided  for  widening  and  extending  the 
same,  and  to  make  a proper  plat  of  such  survey,  show- 
ing the  names  of  parties  owning  the  land  proposed  to 
be  taken,  when  known,  and  also  a description  of  the 
lots  and  land  by  numbers,  and  return  such  plat  to  the 
Mayor  of  said  city. 

[Sec.  4 relates  to  the  mode  of  assessing  damages, 
which  mode  has  since  been  changed  by  the  amended 
charter  of  1857,  and  therefore  section  4 of  this  ordi- 
nance is  not  reprinted.] 

Sec.  5.  The  Street  Commissioner  of  said  city  shall 
thereupon  cause  said  street  to  be  improved  and  worked 
as  other  streets  are  worked  and  improved,  and  all  the 
laws  and  ordinances  of  said  city  shall  thereafter  extend 
over  and  apply  to  said  street,  wherever  the  same  shall 
be  applicable. 

Passed  and  approved  May  9,  1855. 


CHAPTER  XXXVIII. 

AN  ORDINANCE  concerning  misdemeanors A 

Section  1.  Any  three  or  more  persons  who  shall 
assemble  together  in  the  city  of  Davenport,  with  an 
intent  to  do  any  unlawful  act  against  the  public  peace, 
and  to  the  terror  of  the  people,  or  to  do  any  act  against 
the  peace,  security  or  repose  of  any  person  or  persons, 
or  of  the  people  within  said  city,  or  being  lawfully 


^Charter  gives  city  power  to  make  all  necessary  and  proper  ordinances  ( ante , 
p.  40,)  and  to  punish  violations  by  imprisonment.  Ante,  p.  52. 


CHAP.  3S.  ] 


MISDEMEANORS. 


195 

assembled,  sliall  agree  with  each  other  to  do  any  unlaw- 
ful act,  as  aforesaid,  and  shall  make  any  movements  or 
preparations  therefor,  or  being  so  lawfully  assembled, 
shall,  without  any  agreement  by  words  or  signs,  make 
any  preparations  or  movements  to  do  any  unlawful  act 
as  aforesaid,  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  2.  Every  person  who  shall  unlawfully  disturb  p^c  peace*  °f 
the  public  quiet  of  any  street,  alley,  avenue,  • public 
square,  market  place,  wharf,  or  any  religious  or  other 
public  assembly,"  or  building,  public  or  private,  or  any 
neighborhood,  private  family,  or  person,  within  the 
city,  by  loud  or  unusual  noise,  by  blowing  horns  or  other 
instruments,  by  the  rattling  or  playing  of  organs,  ket- 
tles, bells,  or  other  sounding  vessels,  or  noisy  instru- 
ments, by  hallooing,  shouting,  bellowing,  or  howling, 
by  indecent  or  obscene  language  or  conversation,  or  by 
any  device  or  means  whatever,  or  by  tumultuous . or 
offensive  language  or  conduct,  by  threatening,  quarrel- 
ing, challenging,  assaulting,  striking,  or  fighting,  under 
any  pretence  whatever,  shall  be  guilty  of  a misde- 
meanor. 

Sec.  3.  Every  person  in  this  city  who  shall  suffer  or  Permitting 

,y  q ^ same. 

permit  any  hallooing,  howling,  screaming,  bellowing, 
profane  or  obscene  language,  fighting  or  quarreling,  or 
any  unusual  noise  or  affray,  in  any  house,  upon  any 
premises,  owned,  occupied  or  possessed  by  him,  or  over 
which  he  has  control,  as  agent  or  otherwise,  in  such 
manner  as  to  disturb  the  neighborhood,  or  persons  jiass- 
ing  in  the  streets,  shall  be  deemed  guilty  of  a misde- 
meanor, and  the  proof  of  such  acts  having  been  done  in 
such  place,  shall  b Qprimcc  facie  evidence  that  the  same 
was  done  with  the  permission  of  the  owner,  occupant  or 
possessor,  but  such  presumption  may  be  rebutted  by 
proof. 

Sec.  4.  Any  person  who  shall  lead,  drive  or  ride,  or  Horses.  &c.,  on 
shall  place  any  horse,  or  any  beast  of  burthen,  or  drive 
or  place  any  wagon  or  other  vehicle,  on  any  paved  or 
planked  sidewalk,  or  leave  the  same  standing  on  or 


Indecent  be- 
havior. 


Careless 

driving. 


Drunken  per- 
sons on  streets, 

&.C. 


CITY  ORDINANCES.  [CIIAP.  38. 

across  any  footway  crossing  any  street  in  the  city,  shall 
be  deemed  guilty  of  a misdemeanor.  This  section, 
however,  shall  not  be  construed  so  as  to  prevent  any 
person  from  leading,  riding  or  driving  over  any  paved 
or  planked  sidewalk,  in  any  lot  or  house  owned  by  him, 
or  his  employer,  provided  he  does  so  in  a walk. 

Sec.  5.  Any  person  who  shall  appear  in  the  streets, 
or  publicly  within  the  city  when  naked,  or  in  a dress 
not  belonging  to  their  sex,  or  in  any  indecent  or  lewd 
dress,  or  shall  be  guilty  of  any  indecent  behavior  or 
lewd  act,  or  shall  exhibit  any  indecent  or  lewd  book, 
picture,  statue  or  other  thing,  or  who  shall  exhibit  or 
perform  any  immoral  or  lewd  play,  or  other  represent- 
ation, shall  be  guilty  of  a misdemeanor. 

Sec.  6.  Every  person  who  shall  ride  or  drive  any 
horse  or  other  animal,  or  shall  drive  any  carriage,  mail 
stage,  or  other  vehicle,  or  direct,  order,  or  allow  his 
driver  to  do  the  same,  in  or  upon  any  street,  alley,  or 
wharf  within  the  city,  in  a careless  or  improper  manner, 
so  as  to  cause  any  such  animal  or  vehicle  to  come  in 
collision  with  any  person  or  child,  or  any  vehicle  or 
other  thing,  whereby  any  injury  shall  result  to  any  per- 
son, child,  or  thing,  shall  be  deemed  guilty  of  a misde- 
meanor. 

Sec.  7.  Every  person  found  drunk  or  intoxicated  in 
any  street,  or  other  public  place  within  the  city,  or  found 
asleep  in  any  such  place,  or  on  any  private  property  not 
his  own,  nor  belonging  to  the  person  with  whom  he  lives, 
and  being  unable  to  show  the  permission  of  the  owner 
or  occupant,  shall  be  deemed  guilty  of  a misdemeanor, 
and  it  shall  be  the  duty  of  the  City  Marshal  to  arrest 
any  person  so  found  drunk  or  intoxicated,  and  take  such 
person  forthwith  before  the  Mayor  of  the  city,  and  it 
shall  be  the  duty  of  the  Mayor,  on  being  satisfied  that 
such  person  has  been  guilty  of  such  misdemeanor,  forth- 
with to  commit  the  offender  to  prison,  there  to  remain 
until  he  becomes  sober.  Every  person  violating  section 


MISDEMEANORS. 


CHAP.  38.] 


197 


seven  shall  be  lined  not  exceeding  ten  dollars  or  com- 
mitted to  prison  not  exceeding  thirty  days.'* 

[Sec.  8 was  repealed  September  13, 1866,  and  is  there- 
fore not  re-printed.] 

Sec.  9.  No  person  shall  be  permitted  to  keep  within  and 
the  corporate  limits  of  the  city,  to  let  to  mares,  any 
stallion  or  jack,  unless  said  person  shall  provide  an  en- 
closure so  arranged  as  to  obstruct  the  view  of  all  the 
inhabitants  of  the  city. 

Sec.  10.  No  engineer  or  other  person  having  charge  ^trc°dad  spccd 
of  any  engine  or  locomotive,  whether  the  same  be  at- 
tached to  a train  of  cars,  or  otherwise,  shall  run  such 
engine  or  locomotive,  or  permit  the  same  to  be  run 
through  Fifth  street  in  this  city,  between  the  depot 
grounds  of  the  Mississippi  & Missouri  Railroad  Com- 
pany and  the  west  line  of  the  corporation,  at  a faster 
speed  than  at  the  rate  of  six  miles  per  hour,  and  while 
such  engine  or  locomotive  is  in  motion,  the  bell  shall 
be  kept  continually  ringing ; and  any  person  violating 
either  provision  of  this  section,  shall  be  deemed . guilty 
of  a misdemeanor,  and  shall  be  punished  by  a tine  of 
not  exceeding  twenty  dollars  for  each  otfense.f 

Sec.  11.  All  persons  who  shall  violate  any  provision  Penalty, 
of  this  ordinance,  shall  be  deemed  guilty  of  a misde- 
meanor,- and  upon  conviction  thereof  (where  the  penalty 
is  not  already  heretofore  specified)  shall  forfeit  and  pay 
a tine  to  the  city  of  Davenport  of  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars,  and  be  im- 
prisoned until  such  tine  and  the  costs  of  prosecution  be 
paid  ; Provided , however , such  imprisonment  shall  not 
exceed  thirty  days.  (See  Chap.  41,  Art.  2.) 

Passed  and  approved  May  11,  1853. 


*The  last  sentence  of  section  7 passed  September  18, 1866. 
t See  post  for  another  ordinance  regulating  rate  of  speed,  &c.,  of  care  in  city. 


198 


CITY  ORDINANCES. 


[CHAPS.  39,  40. 


Extension 


Survey. 


Opening. 


Extension 

fined. 


CHAPTER  XXXIX. 

AN  ORDINANCE  for  the  extension  of  Twelfth  street. 

Section  1.  Twelfth  street,  in  the  city  of  Davenport, 
as  laid  out  and  recorded  by  Antoine  Le  Claire,  is  hereby 
extended  from  its  western  termination  on  Perry  street, 
westerly  to  Brady  street,  and  sixty  feet  in  width. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Engineer  of 
said  city,  forthwith  to  survey  said  extension  of  Twelfth 
street  as  above  specified,  and  to  make  a proper  plat  of 
such  survey,  showing  the  names  of  the  parties  owning 
the  land  proposed  to  be  taken,  and  return  such  plat  to 
the  Mayor  of  said  city. 

[Sec.  3 relates  to  mode  of  assessing  damages  under 
original  charter,  which  mode  is  superceded  by  the 
amended  charter  of  1857,  and  provides  that  the  dam- 
ages shall  be  paid  by  the  petitioners  for  the  extension 
of  the  street.] 

Sec.  4.  The  Street  Commissioner  of  said  city  shall, 
thereupon,  cause  said  street  to  be  immediately  opened 
and  improved  as  other  streets  are  worked  and  improved, 
and  all  laws  and  ordinances  of  said  city,  applicable, 
shall  apply  to  said  street  so  extended. 

Passed  and  approved  June  4,  1855. 


CHAPTER  XL. 

AN  ORDINANCE  for  the  continuation  of  Perry 
street  in  the  city  of  Davenport , to  the  road  on  the 
north  side  of  Block  No.  1,  McIntosh's  addition  to 
said  city. 

de-  Section  1.  Perry  street,  in  the  city  of  Davenport,  is 
hereby  extended  and  continued  from  its  present  termina- 
tion, north  to  the  road  running  east  and  west  in  front 
of  the  present  residence  of  Franklin  Fearing  and  Adam 


CONTINUATION  OF  PERRY  STREET. 


CHAP.  40.] 


199 


Noel,  and  to  tlie  northern  line  of  Block  No.  1,  of  McIn- 
tosh’s addition  to  the  city  of  Davenport. 

Sec.  2.  Said  street,  in  all  portions  thereof  heretofore  Width- 
established,  that  shall  be  less  than  eighty  (80)  feet  in 
width,  is  hereby  widened  and  established  at  eighty  (80) 
feet  in  width,  and  the  width  of  that  portion  of  said 
street  which  is,  by  this  ordinance,  extended  and  con- 
tinued, shall  be  of  the  same  width. 

Sec.  3.  The  east  and  west  boundaries  of  that  portion 
of  said  Perry  street,  extended  and  widened,  shall  be 
formed  by  continuing  in  a straight  line  north  the  east 
and  west  lines  of  said  Perry  street,  from  the  south  side 
of  Seventh  street  to  the  contemplated  north  terminus 
of  said  street,  to-wit : the  south  line  of  said  road  in  said 
first  section  mentioned  ; and  it  shall  be  the  duty  of  the 
City  Engineer  of  said  city,  forthwith  to  survey  saidSurvey- 
Perry  street  as  herein  provided  for  the  widening  and 
extending  the  same,  and  to  make  a proper  plat  of  such 
survey,  showing  the  names  of  the  parties  owning  the 
land  proposed  to  be  taken,  when  known,  and  also  a 
description  of  the  lots  and  lands  by  numbers,  and  re- 
turn such  plat  to  the  Mayor  of  said  city. 

[Sec.  4 relates  to  mode  of  assessing  damages,  and  is 
not  herewith  printed — the  mode  of  assessment  having 
been  changed  by  the  subsequent  amendment  (Jan.  23, 

1857,)  of  the  city  charter.] 

Sec.  5.  The  Street  Commissioner  of  said  city  shall  openirg. 
thereupon  cause  said  street  to  be  improved  and  worked 
as  other  streets  are  worked  and  improved,  and  all  the 
laws  and  ordinances  of  said  city,  shall  thereafter  extend 
over  and  apply  to  said  street,  whenever  the  same  shail 
be  applicable. 

Passed  and  approved  May  23,  1855. 


200 


CITY  ORDINANCES. 


[CHAP.  41. 


CHAPTER  XLI. 

ARTICLE  1. 

AN  ORDINANCE  relating  to  Penalties. 

Sforrpenaity  Section  1.  When  any  person,  by  violating  any  ordi- 
nance passed,  or  to  be  passed,  becomes  liable  to  the 
penalty  imposed,  and  when  the  same  is  not  in  the  na- 
ture of  a criminal  proceeding,  it  is  hereby  made  the 
dnty  of  the  Marshal  to  institute  suit  against  him  before 
the  Mayor  or  Police  Magistrate,  in  an  action  of  debt  for 
the  amount  of  the  penalty,  in  the  name  of  the  city  of 
Davenport. 

imprisonment,  gE0#  2.  When  judgment  is  rendered  against  the 
defendant,  and  he  fails  or  refuses  to  pay  said  judgment 
and  costs,  upon  demand  made  by  the  Marshal,  and  the 
same  can  not  be  collected  of  said  defendant,  the  Mar- 
shal, by  order  of  the  Mayor,  shall  then  confine  him  in 
county  jail  for  the  space  of  two  days  for  every  dollar  of 
of  such  judgment  and  costs,  provided  that  the  City 
Council  may  remit  all  or  any  portion  of  such  judgment 
and  costs,  or  all  or  any  portion  of  the  time  of  imprison- 
ment for  the  same.* 

Duty  of  officers.  gEc.  3,  It  is  hereby  made  the  duty  of  every  officer 
of  the  city  to  notify  the  Marshal  of  every  violation  of 
the  ordinances  that  comes  to  his  knowledge. 

Payment  into  Sec.  4.  The  May  or,  Marshal  and  Police  Magistrate 
shall  pay  into  the  treasury  of  said  city,  all  penalties  and 
other  moneys  when  collected,  and  take  the  Treasurer’s 
receipt  therefor  and  file  the  same  with  the  Clerk  of  said 
corporation,  to  be  by  him  charged  in  the  account  with 
the  Treasurer.  He  shall  also  file  with  the  Clerk  all  re- 
ceipts given  him  by  the  Treasurer,  and  take  the  receipt 
of  the  Clerk,  which  shall  be  his  voucher. 

interference  Sec.  5.  If  anv  person  interferes  with  the  Mayor  of 

with  officers  _ . . i i ° k,.  nr  i i t N 

punished.  the  city,  with  the  City  Marshal,  or  any  police  officer,  or 


*This  section  is  warranted.  Section  3,  Art.  8,  of  the  City  Charter,  and  see  also 
Art.  5,  Sec.  2,  latter  part. 


CHAPS.  41,  4?.]  IMPRISONMENT. -NUISANCES,  &C. 


201 

any  person  authorized  and  required  to  enforce  the  laws 
of  this  city,  to  prevent,  hinder  or  delay  said  officer  or 
person  in  execution  of  the  duties  requried  of  them  by 
any  of  the  ordinances  of  this  city,  such  person  shall  he 
deemed  guilty  of  misdemeanor,  and  on  conviction,  shall 
pay  a line  of  not  less  than  $10  nor  more  than  $100  with 
costs,  or  imprisonment  in  the  county  jail  or  city  prison 
not  exceeding  thirty  days. 

Passed  and  approved  June  11,  1812. 

[Amended  so  as  to  read  as  above  printed  August  10, 1865.] 

ARTICLE  2. 

AN  ORDINANCE  to  regulate  the  time  of  imprison- 
ment. 

Section  1.  Wherever,  in  any  of  the  ordinances  of  the  Limit  to  im- 

. i • i p . prisonment. 

city  of  Davenport  the  punishment  for  violating  the 
same  is  more  than  thirty  days  imprisonment,  said  ordi- 
nances shall  and  are  hereby  altered  by  striking  out  said 
time  of  imprisonment  exceeding  thirty  days,  and  insert- 
ing in  its  place  the  words  “imprisonment  not  exceeding 
thirty  days.” 

Passed  and  approved  March  14,  A.D.  18G6. 

Note.— As  to  misdemeanors,  see  Chap.  38  and  notes. 


CHAPTER  XLII. 

ARTICLE  1. 

AN  ORDINANCE  providing  for  the  abatement  and 
removal  of  nuisances , and  to  keep  the  streets , lanes, 
alleys , commons  and  landing  of  the  city  of  Davenport 
open  and  in  repair , and  to  regulate  the  use  of  side- 
walks. 

Section  1.  If  any  person  shall  hereafter  erect,  or  cellar  doors, 
cause  to  be  erected  in  any  street,  lane,  public  alley,  or  Sdewaik^eet  °r 
on  the  landing  in  said  city,  any  step,  cellar  door,  or 


CITY  ORDINANCES. 


[CHAP.  42. 


Horse  shoeing 
on  street. 


Awnings/  &c. 


Open  cellar- 
ways. 


Digging  up 
streets. 


202 

cellar-way,  more  than  four  feet  from  the  line  of  the 
street  into  the  sidewalk  or  street,  or  more  than  three 
feet  from  the  line  of  any  alley  into  the  same,  and  if  any 
person  shall  hereafter  erect  any  porch,  hulk,  jut  window 
or  other  incumbrance,  or  shall  so  place,  or  cause  to  be 
placed,  any  spout  or  gutters  whereby  the  passage  of 
any  street  or  alley,  as  aforesaid,  shall  be  obstructed, 
every  person  so  offending,  on  conviction  thereof,  shall, 
for  every  offense,  pay  a fine  of  not  exceeding  twenty 
dollars,  and  shall  immediately  cause  such  nuisance  to  be 
removed.* 

Sec.  2.  No  blacksmith,  or  other  person,  shall  cause 
any  horse,  mare  or  gelding,  to  stand  in  the  streets,  lanes, 
or  alleys,  as  aforesaid,  while  he  is  shoeing  or  preparing 
to  shoe  the  same. 

Sec.  3.  No  person  shall  hereafter  place  any  post, 
rail,  or  other  obstruction  in  any  of  the  streets,  levees  or 
alleys  aforesaid,  for  the  purpose  of  fastening  thereunto 
any  awning,  or  erect  any  shed,  or  awning  of  boards  into 
or  over  any  part  of  any  of  the  streets,  lanes  or  alleys 
aforesaid,  or  drop  any  awning  nearer  to  the  top  of  the 
curb  stone  than  seven  feet,  nor  suffer  the  same  to  con- 
tinue, so  as  to  incommode  the  citizens,  or  to  obstruct 
the  view  from  the  sidewalk  into  or  across  the  street. 

Sec.  4.  No  person  owning  or  occupying  any  cellar, 
the  door  of  which  may  be  in  any  street,  lane,  or  public 
alley  in  said  city,  shall  cause  or  allow  such  cellar  door 
to  be  kept  or  remain  open  during  any  time  between 
twilight  in  the  evening  and  daylight  in  the  morning, 
without,  at  the  same  time,  having  a light  in  such  cellar- 
way.f 

Sec.  5.  No  person,  except  such  as  may  be  under  the 
superintendance  of  the  Street  Commissioner,  or  some 
other  proper  officer  of  the  city,  shall  dig,  or  in  any 
manner  break  up  any  of  the  streets,  sidewalks,  lanes, 
alleys,  public  grounds,  or  commons  of  said  city,  or  shall 


* Amended  September  17, 1S66.  (Sec  Art.  2 of  this  chapter.) 
tThis  section  repealed  September  17, 1SC0.  (See  Aid.  2.) 


CHAP.  42.] 


NUISANCES,  &C. 


203 


raise  or  break  up  any  part  of  any  of  the  pavements  or 
curb  stones  therein,  for  any  purpose,  without  previously 
having  obtained  permission  to  do  so  from  the  City 
Council. 


Sec.  6.  When  any  person  shall  be  about  to  erect,  or  SafSstreet!6’ 
repair  any  house  or  building,  and  shall  wish  to  occupy  f9ee  ante ’ pp* 7S' 
a part  of  the  street  by  placing  a lime  house  and  mate- 
rials for  building  therein,  such  person  shall  apply  to  the 
City  Marshal,  who  shall  allot  such  part  of  the  street  as 
may  be  proper  and  necessary  for  such  a purpose,  and 
grant  a permit,  to  continue  in  force  for  such  time  as 
shall  be  reasonable  and  necessary,  which  permission 
shall  be  in  writing,  and  shall  describe  the  space  to  be 
used,  and  the  Marshal,  on  granting  such  permission, 
shall  include  therein  such  conditions  as  a due  regard  to 
the  convenience  of  the  citizens  may  require,  and  if  any 
person,  having  permission  as  aforesaid,  shall  in  any 
respect  violate  the  conditions  thereof,  or  any  of  them, 
or  permit  any  such  violation,  such  permit  shall  be  null 
and  void,  and  he  shall  also  be  deemed  to  have  violated 
a provision  of  this  ordinance. 


Sec.  7.  It  shall  be  the  duty  of  every  person  engaged.  Excavations  to 

_ , „ J & & ? be  protected. 

and  the  employer  oi  every  person  engaged  m excavat- See  aniei  p.  79. 
ing  the  earth  in  any  of  the  streets,  lanes  or  alleys,  or 
in  any  other  open  or  exposed  portion  of  the  city  of 
Davenport,  where  the  same  shall  occur  from  the  exca- 
vation of  cellars  upon  individual  property,  or  otherwise, 
to  have  the  sides  of  the  excavation  or  embankment 
made,  protected  without  delay,  by  suitable  barriers, 
against  accidents  or  injuries  to  persons  or  animals  pass- 
ing near  the  same  ; and  no  person,  or  persons,  shall  dig, 
sink,  or  place  any  hole,  pit  or  sink,  whether  the  same 
be  covered  or  otherwise,  in  any  street,  lane,  alley,  or 
public  square,  or  public  grounds,  within  the  limits  of 
this  city. 

Sec.  8.  Ho  person  shall  cast  or  lay,  or  cause  to  be  Rubbish,  &c., 
cast  or  laid,  any  shavings,  ashes,  mud,  dung,  or  any on8tleets- 
other  filth  or  annoyance,  on  any  pavement,  or  in  any 


[CHAP.  42. 


Foul  dis- 
charges. 


Soap-boilers, 
chandlers,  &c\ 


Marshal’s 
power  and  duty. 


2Q4  CITY  ORDINANCES. 

of  the  streets,  lanes  or  alleys  aforesaid,  or  shall  cast,  or 
let  fall  from  any  cart,  wagon  or  other  carriage,  any  rub- 
bish, dirt,  or  earth,  in  any  street,  lane  or  alley  aforesaid, 
or  any  part  of  the  public  common,  save  only  in  such 
parts  and  places  as  shall  be  appointed  or  permitted  by 
the  Street  Commissioner. 

Sec.  9.  No  persons  within  the  corporate  limits,  by 
themselves,  their  agents,  journeymen  or  servants,  shall 
discharge  out  of,  or  from  any  still-liouse,  work-shop,  or 
other  building,  foul  and  nauseous  liquor  of  any  kind 
whatsoever,  into  or  upon  any  adjacent  grounds,  or  in 
any  well,  vault  or  sink,  or  into  any  of  the  streets,  lanes 
or  alleys  of  said  city  ; nor  shall  any  soap  boiler  or  taL 
low  chandler  keep,  collect  or  use,  or  cause  to  be  kept, 
collected  or  used,  within  the  limits  aforesaid,  any  stale, 
putrid,  or  stinking  fat,  greese,  or  other  matter;  nor 
shall  any  person,  or  persons,  cast  or  lay  any  dead  horse, 
or  dead  carcass  of  cattle,  sheep,  hog,  dog,  or  cat,  or  any 
excrement,  or  filth  from  vaults,  privies  or  necessary 
houses,  and  leave  such  carcass,  carrion  or  filth  within 
the  limits  aforesaid,  without  burying  the  same  a suf- 
ficient depth  in  the  ground  in  some  proper  place  with- 
out the  limits  of  the  inhabitable  portion  of  said  city. 

Sec.  10.  No  person  shall  cast  or  leave  exposed  in 
any  street,  lane,  alley,  or  lot,  common,  sewer,  gutter,  or 
sluice-way,  in  this  city,  the  dead  carcass  of  any  animal 
or  any  putrid  or  unsound  beef,  pork,  fish,  house  dirt, 
ashes,  offal,  filth,  rubbish,  waste  matter  of  any  kind,  or 
other  putrid  or  unsound  substance,  or  make  use  of,  keep 
or  furnish  in  his,  her,  or  their  dwelling  house,  shop, 
store,  factory,  or  house,  cellar,  yard,  lot,  or  any  other 
place  within  said  city,  any  noisome  or  offensive  liquor 
or  substance,  prejudicial  to  the  health  of  the  citizens, 
or  any  annoyance  to  the  neighborhood.* 

Sec.  11.  The  Marshal  of  said  city  shall,  and  may 
from  time  to  time,  enter  into  and  examine,  between 


* Amended  March  14, 1S66,  to  read  as  above  printed.  See,  further,  ante,  Chaps. 
29,  and  44. 


CHAP.  42.1 


NUISANCES,  &C. 


205 

sunrise  and  sunset,  any  building,  cellar,  lot  or  ground, 
vault,  or  privy,  wliicli  he  may  know  or  believe  to  be 
foul,  or  damp,  or  otherwise  prejudicial  to  the  public 
health,  and  he  may  direct  the  cleansing,  altering  or 
amending  the  same,  or  the  removal  of  all  nuisances  in 
and  about  the  premises  ; and  no  person  shall  resist  or 
obstruct  said  officer  in  so  doing,  or  shall  neglect  or  refuse 
to  remove  any  such  nuisance  when  so  directed. 


Sec.  12.  No  driver,  owner,  or  person  having:  charge  carts,  &c.,  not 

1 1 ° to  obstruct 

of  any  cart,  dray,  wagon,  stage,  or  other  vehicle,  new8treet- 
or  old,  furnished  or  unfurnished,  shall  suffer  the  same 
to  be,  and  remain  in  any  street,  lane,  alley  or  common 
within  said  city,  in  such  a situation  to  interrupt  the  con- 
venient passage  of  the  same,  or  to  incommode  the 
owner  or  occupant  of  any  building  ; nor  shall  any  per- 
son stop  any  cart,  dray,  wagon,  stage,  or  other  vehicle, 
so  as  to  interrupt  the  crossing  at  the  intersection  of  any 
street,  lane  or  alley,  and  who  shall  not  immediately 
remove  the  same  on  request  being  made,  or  shall  be 
absent  from  such  cart,  dray,  wagon,  stage,  or  other  ve- 
hicle, if  a horse  or  other  beast  shall  be  attached  thereto, 
so  that  such  request  cannot  be  made. 


Sec.  13.  Every  person  riding,  driving,  or  having  Dangerous 
charge  of  any  horse  or  other  animal,  shall  have  his 
beast  so  secured  as  to  hinder  and  restrain  him  from 
running,  galloping,  or  going  at  immoderate  rates ; and 
no  person  shall  ride  or  drive  any  beast,  or  beasts,  in  the 
streets,  lanes,  alleys,  or  public  grounds,  at  such  im- 
moderate rates  as  to  endanger  any  person  standing  or 
walking  in  the  same. 


Sec.  Id.  No  person  shall  saw  or  cut  any  lire  wood,  on  Use  of  side- 
any  brick  pavement  or  foot-way,  or  any  street  aforesaid, walks  rcgulated 
or  shall  set  or  place,  or  shall  cause  to  be  set  or  placed, 
any  goods,  wares,  or  merchandise,  or  other  articles,  by 
way  of  exposing  the  same  for  sale,  or  otherwise,  on  or 
over  any  of  the  brick  or  stone  pavements,  or  foot-ways, 
or  in  any  porch,  or  on  any  cellar-door,  or  suspend  any 
goods,  wares  or  merchandise,  or  other  article,  from  any 


CITY  ORDINANCES. 


[CHAP.  42. 


Stagnant  water 


206 

house  or  store,  by  way  of  exposing  the  same  for  sale  or 
otherwise,  so  that  any  such  goods,  wares,  or  merchan- 
dise, or  other  article,  shall  extend  or  project  into  or 
over  the  street  sidewalk  more  than  four  feet  from 
the  line  of  the  street,  or  more  than  four  feet  high  from 
the  top  of  the  pavement  or  sidewalk,  so  that  the  same 
shall  project  into  or  over  the  street  or  sidewalk  more 
than  eighteen  inches  from  the  wall  or  front  of  any  such 
house  or  store. 

Provided , that  this  section  shall  not  be  construed  in 
such  a manner  as  to  prohibit  merchants  and  others  en- 
gaged in  trade,  from  the  free  use  of  the  streets  and 
sidewalks,  in  common  with  others,  in  conveying  mer- 
chandise and  other  property  to  and  from  their  stores 
while  engaged  in  receiving  or  delivering  goods,  nor  to 
prevent  any  person  from  unloading  any  firewood,  or 
other  article  proper  to  be  placed  on  the  street,  or  con- 
veying the  same  across  the  sidewalk  to  and  from  his 
own  lot  of  tenement,  but  no  merchant,  or  person,  shall 
abuse  this  privilege  by  placing,  or  permitting,  or  suffer- 
ing any  article  to  be  placed  or  left  remaining  on  any 
sidewalk,  or  any  street  in  front  of  his,  her,  or  their 
store  or  dwelling,  more  than  four  feet  from  the  line  of 
the  street,  so  as  to  incommode  others,  or  shall  neglect, 
or  refuse,  on  request  of  any  neighbor,  or  upon  the  re- 
quest or  order  of  either  the  Mayor,  Marshal,  or  any  of 
the  Aldermen  of  said  city,  to  cause  any  article  placed 
on  the  sidewalk,  more  than  four  feet  from  the  line  of 
the  street,  or  in  front  of  his  or  their  premises,  to  be 
immediately  removed  and  kept  out  of  the  way  so  as  not 
to  incommode  others. 

Sec.  15.  All  grounds  within  the  city,  where  water 
shall  at  any  time  become  stagnant,  shall  be  raised,  filled 
up,  or  drained ; and  it  is  hereby  made  the  duty  of  the 
Marshal  or  Street  Commissioner  of  said  city,  when 
directed  by  the  City  Council,  to  give  a written  or 
printed  notice  to  the  proprietor  or  proprietors,  or  to  his, 
her,  or  their  agent,  if  residents  of  said  city,  and  to  non- 
resident proprietors,  who  have  no  agents  therein,  by 


CHAP.  42.] 


NUISANCES,  &C. 


207 

publication  in  one  of  the  newspapers  printed  in  said 
city,  one  week,  of  all,  or  any  ground,  subject,  at  any 
time,  to  be  covered  with  stagnant  water,  to  fill  up,  raise 
or  drain  such  grounds  at  his,  her,  or  their  expense,  and 
to  such  height,  and  in  such  manner  as  may  be  design 
nated  by  the  City  Council,  which  shall  be  so  done 
within  twenty  days  after  the  service  of  such  notice,  or 
the  expiration  of  the  time  limited  for  the  publication 
aforesaid. 

Sec.  16.  If  such  proprietor,  or  proprietors,  or  his,  o^drSnf fin  up 
her,  or  their  agent,  shall  refuse  or  neglect  to  fill  up  or 
drain  such  grounds  in  such  manner,  and  within  the 
time  limited  for  the  doing  thereof,  as  aforesaid,  the 
Marshal  or  Street  Commissioner  of  said  city  shall  do 
the  same  at  the  expense  of  the  city,  and  report  the 
amount  thereof,  with  all  costs  arising  thereon,  to  the 
City  Council,  which  they  shall  assess,  together  with 
twenty-five  per  cent,  penalty  on  the  sum  (provided  that 
such  penalty  does  not  exceed  twenty  dollars)  on  the  lot 
or  lots  of  ground  so  filled  up,  raised,  or  drained,  and 
the  Clerk  of  said  city  shall  place  a duplicate  of  the 
assessment  so  made  in  the  hands  of  the  Marshal,  who 
shall  proceed  to  collect  the  same  by  sale  of  such  lot  or 
lots,  if  not  otherwise  paid,  in  the  same  manner  with  the 
same  powers,  and  under  the  same  regulations,  and  a 
deed  shall  be  made  therefor  to  the  purchaser,  subject  to 
the  same  right  to  redemption  by  the  proprietor,  his 
heirs  or  assigns,  as  the  law  prescribes  for  the  sale  of 
city  property  for  the  non-payment  of  corporation  taxes. 

The  assessment  to  be  made  out  by  the  Clerk  as  afore- 
said, shall  be  made  out  and  delivered  within  twenty 
days  after  the  same  has  been  levied  by  the  City  Council, 
and  he  shall  annex  to,  or  accompany  said  assessment 
with  a warrant,  to  be  signed  by  the  Mayor  and  Clerk,  for 
the  collection  of  the  amount  so  assessed,  which  shall  be 
sealed  with  the  common  seal  of  said  corporation. 

Sec.  17.  Any  person  violating  any  provision  of  the  penalty, 
foregoing  ordinance,  (and  where  the  penalty  is  not  set 
forth  in  the  same  section,)  shall,  on  conviction  thereof, 


CITY  ORDINANCES. 


[CHAP.  42. 


State  law 
adopted. 


Marshal’s  duty 
to  abate. 


Creator  of  nui- 
sances liable. 


208 

be  punished  by  a line  of  not  less  than  live  nor  more 
than  one  hundred  dollars,  or  imprisonment  in  the 
county  jail  or  city  prison,  not  exceeding  thirty  days,  at 
the  discretion  of  the  officer  trying  the  case.* 

Sec.  18.  In  all  cases  where  no  provision  is  herein 
made,  defining  what  are  nuisances,  and  how  the  same 
may  be  removed,  abated  or  prevented,  in  addition  to 
what  may  be  declared  such  herein,  those  offenses  which 
are  known  to  the  common  law  of  the  land,  and  the 
statutes  of  Iowa  as  nuisances,  may,  in  case  the  same 
exist  within  the  city  limits,  be  treated  as  such,  and  pro- 
ceeded against  as  is  in  this  ordinance  provided,  or  by 
any  other  law  which  shall  give  the  officer  trying  the 
same  jurisdiction. 

Sec.  19.  When  any  nuisance  exists,  such  as  is  con- 
templated in  this  ordinance,  it  shall  be  the  duty  of  the 
Marshal,  when  apprized  of  the  same  by  the  Mayor  or 
any  Alderman  of  said  city,  forthwith  to  cause  the  same 
to  be  removed,  abated,  or  its  further  existence  or  spread 
prevented,  and  when  this  ordinance  does  not  define  how 
the  same  shall  be  prevented  or  removed,  the  same  shall 
be  done  by  the  Marshal  at  the  expense  of  the  person 
placing  the  same  in  the  city,  or  suffering  the  same  to  exist 
on  or  about  their  premises,  at  his,  her  or  their  instance, 
and  for  all  abating  and  removing  under  this,  or  by  virtue 
of  any  other  law  or  ordinance  of  the  Council  hereafter 
passed,  by  the  proper  officer  or  under  his  instruction,  the 
person  or  persons  whose  duty  it  should  have  been  to  re- 
move or  abate  the  same,  shall  pay  all  reasonable  costs 
and  charges  for  the  same,  together  with  twenty  per 
cent,  added  thereto,  as  a compensation  to  the  proper 
officer  for  removing  the  same,  and  on  neglect  or  refusal 
to  pay  the  same,  such  person  or  persons  shall  be  liable 
to  a fine  of  not  less  than  double  the  amount  of  such 
costs  and  charges,  and  costs  of  suit,  to  be  recovered  be- 
fore the  Mayor  of  said  city  as  other  fines  are  recovered, 


* Amended  April  11, 1S66,  and  March  14, 1866,  to  read  as  above  printed. 


NUISANCES,  &C. 


CHAP.  42.] 


209 


and  lie,  she,  or  they  may  stand  committed  before  the 
Mayor  until  such  fine  and  costs  are  paid. 

Sec.  20.  When  the  Marshal  shall  notify  any  person  Mayo?.1  to 
or  persons  that  a nuisance  exists  in,  or  about,  or  on  his, 
her,  or  their  premises,  that  he,  she,  or  they,  are  re- 
quired to  remove,  abate,  or  prevent,  such  person  or  per- 
sons may  have  the  same  inquired  into,  whether  they 
are  liable  to  remove,  abate,  or  prevent  said  nuisance  by 
forthwith  notifying  the  Marshal,  or  the  agent,  of  the 
fact,  and  giving  notice  to  the  Mayor  of  said  city  within 
six  hours,  that  he,  she,  or  they,  are  not  liable  to  comply 
with  the  order  of  the  Marshal,  or  his  agent,  and  that 
he,  she,  or  they  desire  that  the  same  be  inquired  into. 

Said  notice  to  said  Mayor  shall  be  in  writing,  and 
signed  by  the  party  denying  that  it  is  his,  her,  or  their 
duty  to  remove,  abate,  or  prevent  said  nuisance. 

Sec.  21.  It  shall  be  the  duty  of  the  said  Mayor,  on  Mayor’s  action, 
his  receiving  the  notice  in  the  last  section,  forthwith  to 
enquire  into  the  same,  to  take  testimony  in  the  matter, 
and  determine  the  same  on  the  very  right  of  the  case, 
as  is  in  this  ordinance  required,  or  as  the  laws  of  the 
land  may  require.  And  in  case  said  Mayor  shall  find 
that  it  is  the  duty  of  such  person  or  persons  requiring 
such  enquiry  to  be  made,  to  remove,  abate,  or  prevent 
such  nuisance,  to  enter  a fine  of  not  more  than  one 
hundred  dollars  and  costs  of  suit  against  such  persons, 
and  also  an  order  to  the  Marshal,  to  forthwith  remove, 
abate,  or  prevent  such  nuisance,  and  such  person  or 
persons  shall  pay  double  the  amount  of  the  costs  and 
charges  for  such  abatement,  removal  and  preventing,  as 
is  provided  in  Section  20  of  this  ordinance,  and  to  be 
recovered  in  like  manner. 


Passed  and  approved  November  30,  1848,  and  Mav 
15,  1855. 

[Note.— Further  as  to  nuisances  sec  “ Index”— Health  of  City.] 

27 


210 


CITY  ORDINANCES. 


[CHAP.  42. 


ARTICLE  2. 


AN  ORDINANCE  to  amend  Chapter  42  of  the  Re- 
vised Ordinances  of  1862. 


No  part  of  side- 
walk, &c.,  to  be 
used  to  get  ac- 
cess to  second 
story. 


Same  as  to  cel- 
lar ways,  &e. 


Cellar  doors  to 
be  level  with 
walk  and  kept 
shut. 


Openings  in 
sidewalk. 


Steps  to  first 
floor. 


All  of  sidewalk 
to  be  kept  clear. 


Section  1.  Section  one  (1)  of  Chapter  42  of  the 
Revised  Ordinances  shall  not  he  construed  to  authorize 
the  use  of  any  part  of  any  street,  sidewalk  or  alley,  for 
the  erection  of  stairs,  steps,  or  other  mode  of  access  to 
the  second  stories  of  buildings. 

Nor  shall  said  Section  one  (1)  be  construed  to  au- 
thorize the  enclosing  by  rail  or  otherwise  of  any  por- 
tion of  any  sidewalk,  street,  or  alley,  or  the  erection 
of  any  railing  upon  any  sidewalk,  street,  or  alley,  as  a 
means  of  obtaining  access  or  a passage  way  to  the  cellar 
or  basements  by  occupying  part  of  the  sidewalk  for  that 
purpose ; but  such  railings  already  existing  while  not 
hereby  legalized  shall  not  be  abated  unless  upon  the 
special  direction  of  the  City  Council. 

The  frames  of  cellar  doors  and  cellar  ways  built  un- 
der Section  one  (1)  of  the  aforesaid  ordinance  shall  not 
be  built  above  the  level  of  the  sidewalk,  and  said  cellar 
ways  shall  be  kept  by  the  owner  or  occupant,  or  both, 
securely  covered  with  a door  or  doors  which  shall  re- 
main closed  at  all  times  except  when  actually  used  to 
put  goods  or  merchandise  into  the  cellar  or  basement. 
And  all  openings  in  the  sidewalk  for  lighting  and  ven- 
tilating cellars  or  basements  shall  be  placed  on  a level 
with  the  sidewalk  and  securely  made. 

Sec.  2.  And  no  steps  from  the  sidewalk  to  the  first 
floor  of  any  building  shall  hereafter  be  erected  upon 
any  part  of  the  sidewalk  above  the  level  of  the  same. 

Sec.  3.  And  no  porch,  bulk  or  jut  window,  or  any 
other  incumbrance  or  erection,  shall  be  erected  or 
placed  so  as  to  occupy  any  part  of  the  sidewalk  above 
the  level  thereof. 


Sec.  4.  Section  4 of  said  Chapter  42  is  hereby  re- 
pealed. 

Passed  and  approved  September  17,  1866. 


Repeal. 


CHAP.  43.] 


POLICE  DEPARTMENT. 


211 


CHAPTER  XLI1I. 

AN  ACT  establishing  and  regulating  the  Police  De- 
partment of  the  city  of  Davenport. 

Section  1.  Tliat  there  be  and  hereby  is  established  a Police  depart 

r menfc  estab- 

Police  Department  for  the  city  of  Davenport,  which  liehcd,  &c 
shall  consist  of  one  Chief  of  Police,  one  or  more  lieu- 
tenants of  police,  and  such  other  policemen  as  shall 
from  time  to  time  be  appointed  by  the  Mayor,  by  and 
with  the  consent  of  the  City  Council,  who  shall  act  and 
be  known  as  police  officers  of  said  city. 

Sec.  2.  The  Mayor  shall  be  the  head  of  the  Police  Mayor  the  head 

d . _ _ . thereof. 

Department,  and  shall  superintend  and  direct  the  police 
generally,  and  from  time  to  time  give  such  directions 
as  he  may  deem  proper  and  necessary  for  the  preserva- 
tion of  the  peace  and  good  order,  and  the  enforcing  of 
the  laws  and  ordinances  of  said  city. 

Sec.  3.  It  shall  be  the  duty  of  the  Chief  of  Police  Dytiea  of  chief 

d of  police  de- 

to  cause  the  public  peace  to  be  preserved,  and  to  seefined»&c- 
that  all  the  laws  and  ordinances  are  enforced ; and 
whenever  any  violation  thereof  shall  come  to  his  knowl- 
edge, or  be  reported  to  him,  he  shall  cause  the  requisite 
complaint  to  be  made,  and  see  that  the  evidence  is  pro- 
cured for  the  successful  prosecution  of  the  offender  or 
offenders.  He  and  his  subordinates  shall  obey  all  such 
police  rules  as  may  be  established  for  the  regulation  of 
the  police  department ; and  shall,  (in  subordination  to 
the  Mayor,)  in  case  of  riot,  tumult,  insurrection,  or 
threatening  thereof,  take  command  in  person  of  the 
police  officers  and  direct  their  movements  and  opera- 
tions in  discharge  of  their  duties.  He  shall  keep  a 
record  and  make  to  the  City  Council  monthly  reports  of 
the  affairs  and  operations  of  the  police  department  in 
conformity  with  the  requirements  of  the  police  rules. 

He  shall  be  responsible  for  the  efficiency,  general  con- 
duct and  good  order  of  his  department,  and  shall 
promptly  report  to  the  Mayor,  in  writing,  all  complaints 
made  to  him,  or  in  any  way  coming  to  his  knowledge, 


CITY  ORDINANCES. 


[CHAP.  43. 


Appointment 
and  compenea 
lion . 


Power  to  ar- 
rest, &c. 


Arrest  and  s 
sequent  pro- 
ceedings. 


Fees. 


Rules  may  be 
established. 


212 

prejudicial  to  the  honesty,  sobriety  and  faithfulness  of 
any  of  his  subordinates. 

Sec.  4.  The  Chief  of  Police  and  Lieutenants  of  Po- 
lice shall  be  appointed  by,  and  removed  at  the  pleasure 
of  the  Mayor,  by  and  with  the  ratification  and  consent 
of  the  City  Council,  and  they  and  the  several  policemen 
shall  receive  such  compensation  as  is  now,  or  hereafter 
shall  be  fixed  by  the  City  Council.  And  no  member  of 
the  police  department  shall  serve  any  civil  process  or 
do  any  other  business  or  service  that  will  interfere  with 
his  duties  as  policeman.  Each  member  of  the  police 
department  shall  have  power  to  arrest  all  persons  in  the 
city  found  in  the  act  of  violating  any  law  or  ordinance, 
or  aiding  or  abetting  in  any  such  violation,  or  any  per- 
son whom  the  officer  has  reasonable  grounds  for  believ- 
' ing  has  committed  a public  offense,  and  who  is  likely  to 
escape  before  a complaint  can  be  filed  and  a warrant 
can  be  issued  for  his  or  her  arrest,  and  take  all  such 
persons  so  arrested  to  the  office  of  the  Police  Magistrate 
for  trial,  if  in  the  daytime,  and  if  an  arrest  is  made  in 
the  night  time,  the  officer  shall  detain  such  person  or 
persons  in  such  place  as  is  provided  for  the  imprison- 
ment of  offenders  against  the  city  ordinances,  until  the 
next  morning,  then  to  be  taken  before  the  Police  Mag- 
istrate for  trial.  They  shall  have  power  and  authority 
in  the  city  to  serve  and  execute  warrants  and  other  pro- 
cesses for  the  apprehension  and  commitment  of  persons 
charged  with,  held  for  examination  or  trial,  or  taken  in 
execution  for,  the  commission  of  crime  or  misdemeanor, 
or  the  violation  of  any  law  or  ordinance  of  the  city,  in 
same  manner  as  constable  by  the  laws  of  this  State. 

Sec.  5.  The  fees  for  the  services  of  process  and  for 
making  arrests,  by  any  member  of  the  Police  Depart- 
ment, shall  be  the  same  as  allowed  to  constables  of 
towns  for  services  in  like  cases. 

Sec.  6.  The  Mayor,  with  the  concurrence  of  the 
City  Council,  is  hereby  authorized  and  required  to  make 
and  establish  such  rules,  by-laws  and  regulations,  (to 
be  styled  police  rules,)  not  inconsistent  with  the  city 


CHAP.  43.] 


POLICE  DEPARTMENT. 


213 

ordinances,  lor  the  government  and  control  of  the  mem- 
bers of  the  Police  Department,  as  may  be  deemed  ex- 
pedient and  proper  to  carry  ont  the  objects  of  this  ordi- 
nance. The  police  rules  may  prescribe  the  duties  of 
the  officers  and  policemen  more  specifically  than  is  herein 
contained,  and  may  provide  such  penalties  and  forfeit- 
ures for  neglect  of  duty,  or  improper  conduct,  such  as 
suspension  from  pay,  fine  and  reprimand,  as  may  be 
deemed  necessary  and  expedient  for  the  proper  regula- 
tion of  the  different  members  of  the  Police  Department, 
which  rules  shall  be  in  writing  or  printed,  signed  by 
the  Mayor  or  Clerk,  and  be  binding  on  all  the  officers 
connected  with  the  department,  after  notice  thereof. 

A written  or  printed  copy  of  such  rules  shall  be  deliv- 
ered to  each  police  officer,  and  copies  shall  be  posted 
conspicuously  in  the  police  office  and  Police  Magis- 
trate’s office. 

Sec.  7.  Any  police  officer  who  shall  neglect  or  re-  official  neglect, 
fuse  to  perform  any  duty  required  of  them  by  the  ordi- 
nances of  this  city,  or  the  “ police  rules,”  or  who  shall, 
in  the  discharge  of  his  official  duties,  be  guilty  of  any 
frauds,  extortion,  oppression,  favoritism,  partiality,  bri- 
bery, or  willful  wrong  or  injustice,  shall  forfeit  and  pay 
a penalty  not  exceeding  one  hundred  dollars  and  costs  Penalty 
of  prosecution. 

Sec.  8.  Whoever  shall  unlawfully  resist  any  police  Resistance  to 
officer  in  the  discharge  of  his  duties  shall  be  deemed 
guilty  of  a misdemeanor ; and  any  person  wilfully  re- 
fusing to  assist  a police  officer  in  making  an  arrest 
when  called  upon  so  to  do  shall  be  guilty  of  a misde- 
meanor. 

Sec.  9.  All  ordinances  and  parts  of  ordinances  in 
conflict  with  this  ordinance  are  hereby  repealed. 

Passed  and  approved  September  25,  1866. 

[Note.— Compensation  of  Police  Force.— The  committee  on  ordinances  re- 
ported the  following  resolution  on  a resolution  to  bring  in  an  ordinance  to  regu- 
late the  police  force: 

Resolved , That  the  police  force  shall  consist  of  five  watchmen,  whose  salary 
shall  be  $1.50  for  a service  of  twelve  hours  duty.  (Adopted  March  14, 1866.) 

Charter  gives  Council  power  to  regulate  police  force.  See  ante,  pp.  40,  75,  84. 


214 


CITY  ORDINANCES. 


[CHAP.  44. 


Privies— depth. 


Walled . 


Two  feet  from 
line. 


Depth. 


Cleaning. 


Penalty. 


CHAPTER  XLIY. 

ARTICLE  1. 

AN  ORDINANCE  regulating  the  construction  of 
privies  in  the  city  of  Davenport. 

Section  1.  All  privy  vaults  hereafter  constructed 
shall  not  he  less  than  six  (6)  feet  in  depth,  from  the 
surface  of  the  ground,  except  such  localities  where  water 
might  be  reached  before  obtaining  the  depth  of  six  (6) 
feet,  and  then,  in  such  cases,  a less  depth,  (to  be  indi- 
cated by  the  approach  of  water,)  shall  be  sufficient. 

Sec.  2.  Every  privy  hereafter  built,  shall  be  walled 
with  2-inch  plank,  stone  or  brick,  and  no  privy  shall  be 
built  unless  upon  a vault  as  above  described.  If  the 
vault  is  sunk  more  than  six  feet  it  must  be  walled  with 
stone  or  brick. 

Sec.  3.  Ho  privy  shall  be  built  nearer  the  line  of  the 
lot  upon  which  it  stands  than  two  feet,  unless  by  the 
consent  of  owner  of  the  adjoining  lot. 

Sec.  4.  This  ordinance  shall  not  be  so  construed  as 
to  prevent  the  construction  of  privy  vaults  of  a less 
depth  than  six  feet ; Providing  they  be  walled  with 
stone  or  brick,  and  so  built  as  to  enable  them  to  be  eas- 
ily cleaned  and  cleansed ; and  all  such  vaults  shall  be 
thoroughly  cleaned  and  cleansed  once  in  each  month, 
from  the  first  day  of  April  to  the  first  day  of  October 
in  each  year. 

Sec.  5.  Any  person  violating  the  provisions  of  this 
ordinance  shall  be  fined  not  more  than  fifty  dollars  for 
each  offense,  to  be  collected  in  the  name  and  for  the  use 
of  the  city. 

Passed  and  approved  Aug.  5,  1854.  Amended  Sept, 
25,  1866. 

ARTICLE  2. 

AN  ORDINANCE  regulating  the  cleaning  and  cleans- 
ing of  privies. 

Sec.  1.  All  privies,  any  part  of  the  contents  of  which 


CHAPS.  44,  45.]  SHADE  AND  ORNAMENTAL  TREES.  ^15 

are  above  the  surface,  or  within  two  feet  of  the  surface  ^ghen  nuisan' 

of  the  earth,  and  all  other  privies  that  are  foul,  emitting 

smells  and  odors  prejudicial  to  the  public  health,  are 

hereby  declared  nuisances  ; and  the  Marshal  or  Board  rower  to  abate. 

of  Health,  or  any  health  officer,  or  Health  Inspector, 

shall  have  power  to  abate  the  same. 

Such  officer  shall  give  written  notice  to  the  owner  or  Noticetoownel. 
occupant  to  cl  ease  the.  same,  or  disinfect,  or  to  remove  or  0CCUPant- 
the  contents  from  the  city,  as  the  case  may  require, 
specifying  in  a general  way  what  is  to  be  done,  and  re- 
quiring it  to  be  done  forthwith.  If  the  orders  are  not 
complied  with  in  twelve  hours,  the  said  officer  shall  pro- 
ceed to  put  the  privy  in  order,  keep  an  account  of  the 
expenses,  for  three  times  the  amount  of  which  the  own- 
er, or  landlord,  or  tenant,  or  occupant  shall  be  liable  in  Pena]ty> 
an  action  by  the  city,  and  shall  also  be  liable  to  be 
prosecuted  for  a misdemeanor  against  the  ordinances  of 
the  city. 

And  said  suit  and  prosecution  may  be  against  the  who  liable, 
owner,  agent  or  landlord,  or  lessee,  or  occupant,  or 
against  either  or  all. 

But  when  practicable  the  Marshal,  or  other  officer,  Who  notified, 
shall  notify  the  owner,  or  other  agent  and  landlord,  as 
well  as  the  lessee  or  occupant ; but  it  is  no  defense  to 
a party  who  has  been  notified  that  some  of  the  other 
parties  have  not  been  notified. 

Passed  and  approved  September  17,  1866. 


CHAPTER  XLY. 

ARTICLE  1. 

AN  ORDINANCE  for  the  protection  of  shade  and 
ornamental  trees  in  the  city  of  Davenport. 

Section  1.  Ho  person  shall  injure  or  destroy  any  Shade  trees, 
shade  or  ornamental  tree  that  now  is  or  hereafter  may 
be  planted  in  the  streets  or  public  squares  of  the  city  of 
Davenport. 


CITY  ORDINANCES. 


[CHAP.  45. 


Same. 


Trees  liable  to 
do  injury  to  be 
removed  or 
made  secure. 


Penalty. 


216 

Sec.  2.  No  person  shall  tie  or  fasten  any  horse,  or 
any  other  animal,  to  any  shade  tree,  or  ornamental 
tree  planted,  or  that  may  be  planted  in  the  streets  and 
public  squares  of  said  city,  or  to  any  boxing  which  may 
be  placed  around  them  to  protect  from  injury,  or  pull 
down,  cut,  or  destroy  such  boxing,  or  other  protection, 
and  every  person  who  shall  violate  any  provision  of 
this  ordinance,  shall,  upon  conviction  thereof,  pay  a line 
of  not  exceeding  twenty  dollars  for  each  olfense,  and 
shall  also  be  liable  for  all  damages  to  the  party  injured. 

Passed  and  approved  June  11,  1842. 

ARTICLE  2. 

AN  ORDINANCE  relating  to  shade  and  ornamental 
trees , and  other  trees. 

Section  1.  If  the  City  Marshal,  or  the  Mayor,  shall 
deem  any  shade  or  ornamental  or  other  tree,  situated 
upon  any  street  or  sidewalk,  or  in  any  yard  near  to  the 
sidewalk  or  street,  to  be  in  a dangerous  and  insecure 
condition,  liable  to  fall  and  injure  persons  upon  the 
street  or  sidewalk,  such  officer  shall  serve  a notice  upon 
the  owner,  if  known  and  within  the  city,  or  if  not,  then 
upon  the  occupant  of  the  lot,  to  cut  down  said  tree 
or  make  it  safe  and  secure  ; if  this  notice  is  not  com- 
plied with  within  twenty-four  hours,  the  Marshal  or 
Mayor  shall  cut  down  or  remove  said  tree,  and  the 
owner  or  party  who  should  have  cut  down  or  removed 
it,  shall  be  liable  for  three  times  the  amount  of  the  ex- 
penses, to  be  recovered  in  an  action  by  the  city  of 
Davenport. 

Passed  and  approved  September  19,  1866. 

Note.— See  Chap.  105,  which  prohibits  injury  to  tree  boxes  and  regulates  post- 
ing bills  thereon. 

As  to  power  of  city  to  pass  ordinances  of  this  character,  see  ante , p.  7S. 


CHAP.  46.1 


TIE  AND  CONTESTED  VOTES. 


217 


CHAPTER  XLYI. 

AN  ORDINANCE  to  determine  tie  votes  and  con- 
tested elections. 

Section  1.  Whenever  two  or  more  persons  receive  Tie  Election 
an  equal  and  the  highest  number  of  votes  for  Mayor, 
Alderman,  or  any  other  elective  municipal  office,  the 
Clerk  shall  issue  a notice  to  such  persons  of  such  tie  clerk’s  duty 
vote,  and  require  them  to  appear  at  the  next  special, 
or  adjourned,  or  regular  meeting  of  the  Council  to  he 
held  after  the  service  of  such  notice,  to  determine  by 
lot  which  of  them  is  elected. 

Sec.  2.  The  lot  shall  be  arranged  by  the  Mayor,  or  Lot. 
acting  Mayor,  in  the  presence  of  the  Council,  and  of 
the  parties,  if  present.  If  either,  or  any  of  the  parties, 
fail  to  appear,  and  take  part  in  the  lot,  the  Mayor,  or 
presiding  officer,  shall  draw  for  him,  and  the  proceed- 
ings and  results  shall  be  entered  upon  the  journal  by 
the  Clerk. 

Sec.  3.  The  City  Council  shall  be  tribunal  for  the  contested 

J __  Elections. 

trial  and  decision  of  contested  city  elections — the  Mayor 
presiding,  or  if  he  be  the  party,  then  a Mayor  pro  tern. 
elected  by  the  Council.  Ho  officer  whose  right  is  being- 
contested,  shall  act  officially  in  the  determination  of  the 
contest.  The  contestant  must  file  with  the  Clerk  of  the  contestant’s 

duty. 

city  a verified  written  statement  giving  notice  of  his  in- 
tention to  contest  the  election  ; the  name  of  the  incum- 
bent, the  office  contested,  the  time  of  election,  and  the 
particular  causes  of  contest.  He  must  also  file  a bond, 
with  sureties,  to  be  approved  by  the  Clerk,  conditioned 
to  pay  all  costs  in  case  the  election  be  confirmed,  or  the 
statement  be  dismissed,  or  the  prosecution  fails. 

Sec.  4.  When  the  reception  of  illegal,  or  the  rejec-same. 
tion  of  legal  votes  is  the  ground  of  the  contest,  the 
names  of  the  persons  who  so  voted,  or  whose  votes  were 
rejected,  with  the  ward  or  wards  where  they  so  voted 
or  offered  to  vote,  shall  be  set  forth  in  the  statement 
28 


CITY  ORDINANCES. 


[CHAP.  46. 


Clerk’s  duty. 


Incumbent’s 

duty. 


Evidence. 


Trial. 


State  law 
adopted. 


Costs. 


218 

above  provided  for.  And  in  all  cases  the  statement 
must  specify  with  particularity  the  grounds  upon  which 
the  contestant  relies. 

Sec.  5.  The  Clerk  shall  cause  a notice  of  this  state- 
ment to  be  served  upon  the  incumbent  without  delay. 
The  incumbent  shall,  under  oath,  answer  the  statement 
and  file  the  answer  with  the  Clerk,  within  five  days 
after  being  served  with  notice  of  the  contestant’s  state- 
ment. After  the  time  for  answering  has  elapsed,  either 
party  may  take  testimony  by  deposition,  on  giving  two 
days  notice.  The  Council  may  direct  all  testimony  to 
be  taken  by  , deposition  if  it  sees  fit  to  do  so.  If  it  does 
not,  the  evidence  may  be  verbal,  or  by  deposition,  or 
both.  If  a witness,  whose  testimony  has  been  taken  by 
deposition,  is  a resident  of  the  city,  or  can  readily  be 
produced,  the  Council  may,  if  it  sees  fit,  order  him  to 
be  produced  to  testify  in  their  presence.  Intended  ab- 
sence, or  non-residence  of  the  witness,  is  not  necessary 
in  order  to  entitle  a party  to  take  his  deposition.  Ho 
ex  parte  evidence  shall  be  received,  except  by  consent. 
And  the  Council  shall  determine  the  contest  at  its  next 
meeting  after  the  statement  and  answer  have  been  filed, 
unless  good  cause  for  continuance  be  shown  by  affidavit 
stating  the  facts.  Ho  adjournment  or  continuance  shall 
be  for  a longer  time  than  necessary  to  give  the  parties 
an  opportunity  for  a fair  trial ; and  the  parties  may  be 
heard  by  themselves  or  by  counsel. 

Sec.  6.  All  of  the  provisions  of  Chapter  37  of  the  Ke- 
vision  of  1860,  for  contesting  the  election  of  county  of- 
ficers, so  far  as  the  same  are  applicable,  and  except  as 
herein  modified,  shall  apply  to  contests  held  under  and 
by  virtue  of  this  ordinance.  The  result,  the  vote  being 
taken  by  ayes  and  nays,  shall  be  entered  upon  the  rec- 
ords of  the  Council.  The  unsuccessful  party  is  liable 
for  costs  of  officers  and  witnesses,  and  depositions. 
And  for  these  costs  an  action  lies  by  the  successful 
party,  or  the  officer,  or  witness  entitled  to  his  fees.  In 
no  case  shall  the  city  be  holden  liable  for  such  costs. 


CHAP.  47. 1 


SEVENTH  STREET. 


219 

Sec.  7.  A contestant  wlio  elects  to  proceed  under 
this  ordinance  is  debarred  from  proceeding  by  manda- 
mus, quo  warranto , or  otherwise  in  the  District  Court. 

The  judgment  or  decision  of  the  Council  concludes  both  Judgment, 
parties.  This  ordinance  is  not  intended  to  debar  a 
contestant  from  having  his  right  determined  in  the  Dis- 
trict Court,  by  an  appropriate  action,  if  he  sees  fit  to 
proceed  in  that  way. 

Sec.  8.  An  ordinance  providing  for  tie  elections,  RePeaL 
passed  August,  1,  1852,  is  hereby  repealed. 

Passed  and  approved  September  19,  1866. 

[Note.— Whether  under  the  charter  (Art.  2,  Secs.  4 and  5 ; Art.  3,  Sec.  2 ; Art . 

5,  Sec.  2)  the  jurisdiction  of  the  District  Court  is  taken  away,  is  a question  which 
the  ordinance  does  not  touch.  See  Ex  parte  Heath , 3 Hill  (N.  Y.),  421,  52  ; 5 id., 

616;  The  State  v.  Func/e , 17  Iowa,  365;  22  Barb.,  72;  Ex  parte  Strahl , 16  Iowa,  369. 

The  above  sections  of  the  city  charter  clearly  authorize  the'ordinance.] 


CHAPTER  XL VII. 

AN  ORDINANCE  for  opening  and  establishing  Sev- 
enth street , and  changing  the  boundaries  thereof  \ 
through  a portion  of  Antoine  Le  Claire’s  Second  Ad- 
dition to  the  city  of  Davenport. 

Section  1.  That  portion  of  Seventh  street,  dividing  Width, 
out-lots  number  sixteen,  seventeen,  and  thirty-two,  and 
blocks  number  fifty,  fifty-one,  and  fifty-two,  is  hereby 
opened  and  established  at  sixty-six  feet  in  width,  to  be 
calculated  from  the  north  side  of  said  blocks. 

Sec.  2.  The  remainder  of  said  street,  as  it  appears  Vacation, 
on  record  in  the  Recorder’s  office  of  Scott  county,  is 
hereby  vacated. 

Passed  and  approved  January  4,  1854. 


220 


CITY  ORDINANCES. 


[CHAIV  48. 


Order  of  Coun- 
cil. 


Publication  of. 


Grade. 


Oxvner  to  pay, 
&c. 


If  owner  neg- 
lects, Marshal 
may  cause  to  be 
done. 


CHAPTER  XL VIII. 

AN  ORDINANCE  relating  to  sidewalks. 

Section  1.  Whenever  it  shall  become  necessary  and 
expedient  to  pave  and  grade,  plank  or  gravel  the  side- 
walks, on  any  street,  avenue,  or  alley,  or  any  part 
thereof,  within  the  limits  of  said  city,  the  City  Council 
shall  pass  an  order  to  that  effect,  which  order  shall  set 
forth  the  particular  locality  where  such  paving  and 
grading,  or  graveling,  is  required  to  be  done,  and  the 
time  that  is  allowed  for  completing  the  same  ; and  the 
publication  of  such  order  in  one  of  the  newspapers  in 
the  city,  for  one  week,  shall  be  deemed  a sufficient 
notice  to  the  owner  or  holders  of  lots  fronting  on  any 
such  street,  lane,  avenue,  or  alley,  where  any  such 
paving  and  grading,  planking  or  graveling,  is  to  be 
done,  as  therein  specified. 

Sec.  2.  All  such  paving  and  grading,  planking  or 
graveling,  shall  be  in  conformity  with  the  grade  of  the 
street,  lane,  avenue,  or  alley,  (unless  otherwise  pro- 
vided in  the  order  of  the  City  Council)  under  the  di- 
rection of  the  Marshal ; and  all  expenses  of  paving, 
grading,  graveling  or  planking,  and  preparing  of  any 
sidewalk,  shall  be  paid  by  the  owners  or  holders  of  lots 
fronting  where  such  paving,  grading,  graveling,  or  re- 
pairing is  to  be  done. 

Sec.  3.  If  the  owner,  or  holder,  of  any  lot,  or  part 
of  lot,  shall  neglect  to  grade,  gravel,  plank,  or  to  pave 
his  sidewalk,  in  conformity  with  the  order  of  the  City 
Council,  published  as  aforesaid,  the  Marshal  shall  con- 
tract for  the  same  to  be  done  at  the  expense  of  the  city, 
and  shall  make  his  report  of  the  expense  thereof  to  the 
City  Council,  which,  if  found  to  be  correct,  shall  be  ap- 
proved by  an  order  or  resolution  of  the  City  Council, 
and  shall  constitute  a charge  or  assessment  upon  the 
respective  lots  or  parts  of  lots  improved,  paved,  or  re- 
paired, and  shall  constitute  a personal  debt  or  claim 


CHAP.  48.] 


SIDEWALKS. 


221 

against  tlie  person  or  persons  who  were  owners  when 
the  work  was  ordered  by  the  Council,  or  when  it  was 
done,  or  when  the  assessment  was  made,  and  it  shall 
also  be  a lien  upon  the  respective  lots  in  the  possession 
of  any  owner  from  the  time  the  work  was  done.  The 
mode  of  collecting  such  assessments  shall  (if  by  action)  Mode  of  coiiect- 

° v J . J ting,  &c. 

be  the  same  (as  near  as  may  be)  as  prescribed  in  the 
Revision  of  1860,  sections  1068  and  1069,  which  are 
hereby  adopted  as  part  of  this  ordinance.  The  report 
of  the  Marshal  to  the  City  Council,  and  all  the  facts 
therein  stated,  shall  be  presumed  to  be  correct,  and 
shall  (unless  shown  to  be  fraudulent  or  collusive)  be 
sufficient  evidence  to  entitle  to  a recovery. 

And  if  it  appears  to  the  court  that  an  order  for  im-By6Uit- 
provement  by  the  City  Council  was  in  fact  made,  that 
this  was  published,  that  the  work  was  not  done  by  the 
owner  or  proprietor,  but  was  done  by  the  city  or  by  a 
contractor  for  the  city,  the  city  or  the  contractor,' if  the 
suit  is  by  him,  must  recover ; all  other  questions,  and 
all  omissions  and  informalities,  errors  and  ^mistakes, 
going  only  (if  deemed  by  the  court  important)  to  the 
question  of  costs.* 

Sec.  4.  Upon  the  Marshal’s  report  beino;  made  and If  petitioned  for 

° may  levy  tax. 

approved,  as  provided  m the  last  section,  the  City  Coun- 
cil, instead  of  proceeding  to  collect  the  assessment,  or 
charge  by  action  as  therein  provided,  may,  if  it  has 
been  petitioned  to  do  so  by  the  owners  of  more  than 
on' half  of  the  property  to  be  so  taxed,  levy  a special  tax 
all  lots  or  parts  of  lots  respectively,  in  front  of  which  the 
Marshal  may  have  contracted  any  such  grading,  gravel- 
ing, planking  or  paving,  which  tax  shall  be  of  sufficient 
amount  to  cover  the  expense  thereof,  together  with  all 
costs  or  expenses  therewith,  and  immediately  after  such 
levy,  the  Marshal  shall  advertise  and  sell  the  same,  or  so 
much  thereof  as  may  be  necessary  to  pay  the  expenses 


* Local  Improvements— sidewalks,  &c.— Mode  of  Collection.— Estimate  of 
Engineer  may  stand  for  assessment,  and  it  is  lawful  to  provide  for  its  collection 
by  precept  issued  by  Mayor  and  Clerk  or  other  officer  of  the  city.  Party  injured 
may  appeal  or  transfer  his  cause  to  court.  17  Ind.,  169. 


Notice  of  sale, 
&c. 


Deed  of  Mar- 
shal and  effeet 
thereof. 


222  0ITY  ORDINANCES.  [CHAP.  43. 

and  costs  of  such  grading,  graveling,  planking  or  pav- 
ing, and  costs  of  sale.  The  advertisement  and  sale  to 
he  conducted  according  to,  and  governed  by  the  ordi- 
nances of  the  city  in  force  at  the  time  of  such  sale, 
relating  to  the  city  revenue  from  taxes,  and  the  same 
rights  and  terms  of  redemption  shall  exist  as  may  be 
provided  for  by  such  ordinances.  Provided , however , 

that  when  any  such  lot,  or  part  of  lot,  is  wholly,  or  in 
part,  owned  by  a minor  heir,  and  the  guardian  of  such 
minor  heir  shall,  by  a petition  to  the  City  Council, 
establish  the  fact  of  such  minority,  and  of  his  authority 
to  act  as  guardian,  and  desire  to  make  any  special  con- 
tract with  said  City  Council  for  having  any  such  paving, 
graveling  or  grading  done,  the  said  City  Council  are 
hereby  authorized  to  instruct  the  Marshal  to  enter  into 
such  contract,  and  a memorandum  of  the  terms  of  such 
contract  so  authorized  to  be  made,  shall  be  entered 
upon  the  journal  of  the  Council,  and  the  further  stipu- 
lation, that  if  the  first  payment  of  any  such  contract  is 
not  punctually  made,  the  City  Council  shall  then  pro- 
ceed to  levy  a special  tax  as  aforesaid,  covering  the 
amount  of  such  contract,  interest  and  costs  ; and  the 
same  proceedings  shall  be  had  as  if  no  such  contract  had 
been  made. 

Sec.  5.  The  deed  of  the  Marshal  shall  be prima fa- 
cie evidence  of  the  regularity  and  validity  of  the  sale, 
and  of  all  previous  proeedings,  and  no  deed  shall  be 
defeated  if  it  shall  appear  (and  the  Marshal’s  report  is 
made  evidence)  that  the  work  was  ordered,  the  notice 
published,  and  the  work  not  done  by  the  owner,  but 
done  by  the  city ; Provided , however , that  it  is  the  duty 
of  the  Marshal  (which  duty  shall  be  presumed  to  have 
been  performed  unless  the  contrary  is  shown)  to  give 
personal  notice  to  the  owner,  if  known,  or  to  the  occu- 
pant of  the  lot,  if  the  same  be  occupied  of  the  sale  at 
least  ten  days  prior  thereto.  No  informality,  omission 
or  defect  shall,  in  any  event,  defeat  the  right  of  the  city, 
or  the  purchaser  to  the  amount  which  the  improvement 


CHAP.  49.] 


HOGS  AT  LARGE 


223 

cost,  with  interest  and  proper  costs,  the  same  being 
hereby  declared  an  equitable  lien  upon  the  property. 

Sec.  6.  All  the  preceeding  provisions  of  this  ordi  Repairs, 
nance  apply  to  repairs  to  sidewalks  as  well  as  to  the 
original  construction  of  the  same. 

Sec.  7.  An  ordinance  on  this  subject  passed  and  Repeal, 
approved  December  4,  1852,  (saving  all  rights  to  the 
city  accrued  thereunder,)  is  hereby  repealed. 

Passed  and  approved  September  19th,  1866. 

[Note.— Construction  op  Sidewalks.— This  ordinance  assumes  that  under 
Art.  5,  Sec.  2,  of  the  charter,  the  power  of  the  city  over  streets,  (which  would 
include  sidewalks)  would  justify  an  ordinance  requiring  the  owners  to  build  side- 
walks without  a previous  petition  of  more  than  one-half  of  the  owners,  and  that 
for  the  expense  thus  incurred  an  action  will  lie  in  behalf  of  the  city.  But  under 
Sec.  2 of  the  amended  charter  of  January  23,  1857,  the  ordinance  assumes  such 
petition  to  be  necessary  in  order  to  justify  the  stringent  proceeding  of  a “ special 
tax  and  sale ” of  the  property.  The  ordinance  as  above  framed  is  believed  to  bo 
warranted  by  the  organic  law  of  the  city.  But  while  this  remains  to  be  settled  by 
adjudication,  the  safer  way,  when  practicable,  is  for  the  Council  to  require  the 
petition  of  more  than  half  the  property  owners  to  be  taxed.  Such  a petition 
removes  all  doubt. 

As  to  the  validity  of  this  ordinance,  see  Paxton  v.  Trenton , 1 Green  (N.  J.),19G; 
cited  and  approved  in  Boston  v.  Shaw,  1 Met.,  130,  133. 

As  to  liability  of  city  for  unsafe  sidewalks  and  other  subjects,  see  “Index”— 
Sidewalks.] 


CHAPTEK  XLIX. 

ARTICLE  1. 

AN  ORDINANCE  to  prevent  hogs  from  running  at 

large. 

Section  1.  That  hogs  running  at  large  in  the  streets  Hoge  at  larg0 
and  other  public  places  in  the  city  of  Davenport,  be,  anS,ed  nui8" 
and  they  hereby  are  declared  to  be  a nnisance. 

Sec.  2.  Xo  hogs  of  any  description  shall  be  per- ^ot  to  run  at 
mitted  to  run  at  large  within  the  city  limits  of  the  city  large‘ 
of  Davenport ; and  all  hogs  or  pigs  thus  found  shall  be 
taken  lip  by  the  City  Marshal  and  placed  in  some  secure 
pen  or  pound,  to  be  by  him  provided  for  that  purpose. 

Sec.  3.  When  any  hog  or  hogs,  pig  or  pigs,  are  thus  Taking  up  and 
taken  up,  it  shall  be  the  duty  of  the  City  Marshal  to Bal0’ 


CITY  ORDINANCES. 


[CHAP.  49. 


224 

sell  the  same  at  public  auction  to  the  highest  bidder, 
for  cash,  after  giving  live  days  notice  of  the  time  and 
place  of  said  sale,  by  posting,  written  or  printed  notices 
at  one  of  the  most  public,  places  in  each  ward  of  said 
city ; Provided , that  if  the  owner,  or  any  person  author- 
ized by  him,  shall,  on  or  before  the  time  fixed  for  said 
sale,  pay  the  costs  and  charges  thus  far  made,  the 
City  Marshal  is  hereby  required  to  release  said  hog  or 
hogs,  pig  or  pigs,  upon  satisfactory  proof  of  ownership. 
But  if  the  same  are  not  so  released  they  shall  be  sold  in 
accordance  with  said  notice,  and  the  money  arising  from 
said  sale,  after  the  expenses  of  taking  up,  keeping  and 
selling  the  same  are  deducted,  shall  be  paid  over  to  the 
owner  or  owners,  on  their  proving  to  the  City  Marshal 
that  the  property  in  such  hog  or  hogs,  pig  or  pigs,  is  in 
the  person  or  persons  claiming  to  be  said  owners  ; but 
if  no  owner  appears,  the  said  money,  after  deducting 
the  costs  aforesaid,  shall  be  paid  into  the  city  treasury. 

Sec.  4.  The  fees  of  the  City  Marshal  under  this 
ordinance  shall  be  the  same  as  those  of  constables  upon 
the  sale  of  like  property  under  executions  ; and  the 
Marshal  shall  be  allowed  for  keeping  said  hogs  the 
sum  of  ten  cents  for  each  24  hours  which  each  of  said 
hog  or  hogs,  pig  or  pigs,  is  by  him  kept  by  virtue  of 
this  ordinance. 

Sec.  5.  Any  person  who  shall  interfere  with  any 
Marshal,  or  police  officer,  in  this  city,  to  prevent,  hin- 
der or  delay  such  officer  in  executing  his  duties  under 
this  ordinance,  relating  to  the  taking  up,  impounding, 
holding  or  selling  said  hog  or  hogs,  pig  or  pigs,  or  who 
shall  open  any  gate,  or  take  down  any  fence  or  gate, 
or  take  down  any  part  of  the  fence  enclosing  the  pound, 
shall,  on  conviction,  pay  a five  of  not  less  than  three 
dollars  for  each  offense. 

Passed  and  approved  June  3,  1863. 

AN  ORDINANCE  to  amend  an  ordinance  to  prevent 

hogs  from  running  at  large,  passed  June  3,  1863. 

Sec.  6.  If  the  owner,  or  his  servant,  or  agent,  or  if 


CHAP.  49.1 


SWINE. 


225 

any  other  person  having  control  over  or  charge  of  any  Sy”? oSner^1* 
hogs,  or  pigs,  or  swine,  shall  let  or  permit  the  same  to  &c* 
run  at  large,  or  shall  fail  to  prevent  the  same  from  run- 
ning at  large,  contrary  to  the  provisions  of  this  ordi- 
nance, shall  be  fined  in  the  sum  of  five  dollars  for  the 
first  offense  and  ten  dollars  for  the  second ; and  the 
owner,  as  well  as  his  agent  and  servant  is  liable  under 
this  ordinance  to  these  penalties  for  its  violation. 

Passed  and  approved  September  2d,  1860. 

[Note.— Impounding— strict  compliance.— Marshal  must  strictly  comply  with 
the  ordinance  or  he  becomes  a trespasser  from  the  beginning.  13  Pick.,  384  ; 4 
id.,  258;  21  id.,  55;  13  Met.,  407;  7 Cush.,  355;  9 Pick.,  14;  12  Met.,  118;  23  Pick.. 

255;  12  Met.,  198. 

Rescue. — Owner  cannot  legally  break  pound  and  rescue  animals.  5 Pick.,  514 ■. 

5 Cush.,  267. 

Pound  Defined.— 2 Cush.,  305. 

Delegating  Power  to  Others.— Marshal  cannot  delegate  his  authority  to 
others  to  impound  for  him  generally  and  in  his  absence,  but  may  have  assistants 
to  act  in  concert  with  him.  Jackson  v.  Morris , 1 Denio,  199. 

Public  Pound.— Officer  must  use  the  public  pound.  1 Rhode  I.,  219.  Under 
our  charter  and  ordinances  the  Marshal  may  use  any  pen  or  pound  provided  by 
him  for  that  purpose.  1 

ARTICLE  2. 

AN  ORDINANCE  to  prevent  swine  from  being  kept 
in  certain  'parts  of  the  city , and  to  regulate  the  mode 
of  keeping  same  in  other  parts  of  the  city , and  for 
other  purposes. 

Section  1.  No  person  shall,  after  the  first  day  of  Nohogstoi.e 

•'  kept  in  certain 

March,  1867,  keep  any  hogs,  pigs,  or  swine  of  any  kind, 
within  the  following  limits  in  the  city  of  Davenport, 
viz  : The  river  on  the  south,  the  city  boundary  on  the  Limits  defined- 

the  east ; Third  street  in  East  Davenport  on  the  north, 
extending  through  to  east  line  of  the  city,  thence  south 
from  west  end  of  said  Third  street  to  Fulton  street ; 
thence  west  along  said  Fulton  street  and  the  line  of 
said  Fulton  street  continued  west  to  Farnam  street ; 
thence  south  along  Farnam  street  to  Twelfth  street  ; 
thence  west  along  Twelfth  street  to  Eipley  street ; 
south  along  Eipley  street  to  Eighth  street ; west  on 
Eighth  street  and  the  line  of  Eighth  street  extended 
west  to  a point  opposite  the  north  end  of  Fillmore 
29 


Hogs  to  be  coi 
lined  in  certai 
limits. 


Restriction. 


Same, 


Penalty. 


Sale  of  hogs. 


226  CITY  ORDINANCES.  [CHAP.  49. 

street ; tlience  south  to  Fillmore  street  and  down  said 
Fillmore  street  to  Fourth  street ; thence  west  along 
Fourth  street  to  Division  street;  thence  due  south  to 
the  river,  and  along  the  river  to  the  east  line  of  the 
city — Hogane  & Lamb ach’s  map  of  the  city  to  he  re- 
ferred to  for  the  better  ascertainment  of  the  said  limits, 
and  the  streets  and  boundaries  above  designated. 

Sec.  2.  Outside  the  limits  specilied  in  the  last  sec- 
tion, and  within  the  city  limits,  it  shall  not  be  lawful  for 
any  person  living  upon  land  laid  out  in  lots  or  outlots 
to  keep  any  hogs,  unless  the  same  are  confined  in  pens, 
under  the  following  restrictions,  viz  : 

1.  Xo  person  shall  keep  any  hogs  or  swine  unless  he 
or  she  is  the  head  of  a family,  and  no  head  of  a family 
shall  have  more  than  one  pen,  and  in  that  pen  there 
shall  not  be  more  than  two  hogs,  and  the  subsequent 
progeny  or  litter  of  said  hogs,  which  progeny  or  litter 
may  be  kept  until  they  are  eight  weeks  old,  and  no 
longer,  after  which  the  number  of  swine  in  the  pen 
must  be  reduced  again  to  two,  and  not  more,  whether 
large  or  small. 

2.  The  said  pens  or  enclosures  shall  at  all  times  be 
kept  clean  and  well  drained,  so  that  the  same  shall  not 
emit  any  offensive  odor  or  smell ; and  if  the  City  Mar- 
shal, or  any  health  officer  of  the  city,  shall  be  of  opin- 
ion that  they  are  not  thus  kept,  he  shall  notify  the 
owner  that  he  is  prohibited  from  any  longer  keeping 
hogs  in  said  pen,  or  elsewhere  in  the  city,  and  to  remove 
the  same  within  twelve  hours,  and  clean  up  all  filth 
about  the  pen  ; and  if  said  owner  fails  to  comply  with 
this  notice,  within  the  space  of  twelve  hours,  the  Mar- 
shal, or  health  officer,  shall  take  possession  of  said  hogs 
or  swine,  and  sell  the  same,  upon  giving  five  days  no- 
tice in  the  manner  provided  in  this  ordinance,  to  the 
highest  bidder  for  cash,  and  after  deducting  his  fees 
and  expenses,  shall  pay  the  surplus,  if  any,  to  the 
owner,  if  it  be  claimed,  if  not  claimed,  then  into  the 
city  treasury  ; and  he  may  also  proceed  against  the 
owner  as  for  keeping  a nuisance,  and  such  owner  shall 


SWIXE 


CHAP.  49.] 


227 


be  liable  accordingly  for  all  the  penalties  prescribed 
against  those  who  keep  or  maintain  a nuisance. 


Sec.  3.  It  shall  not  be  lawful  after  the  1st  day  of  sain 
March,  1867,  for  any  person,  company  or  corporation  to 
keep  for  gain  or  hire,  in  the  city  of  Davenport,  any 
pen,  yard  or  enclosure  for  swine ; but  it  shall  be  lawful  J*°ss  in  transi- 
ts drive  swine  through  the  city  (there  being  no  unnec- 
essary delay)  for  shipment  or  slaughter.  This  ordi- 
nance is  not  intended  to  prohibit  hogs  from  being  kept, 
outside  of  the  limits  specified  in  the  first  section,  for 
slaughter  or  shipment,  in  pens  or  yards,  between  the^r  ■tipment, 
first  day  of  November  and  the  first  day  of  March  of 
each  year,  but  they  shall  not  be  therein  kept  for  such  pur- 
poses at  any  other  time,  and  whoever  does  so,  or  allows 
it  to  be  done,  is  guilty  of  a misdemeanor.  And  within  Regulations, 
ten  days  after  the  said  first  day  of  March  in  each  year, 
the  said  yards  or  pens  shall  be  thoroughly  cleaned,  and 
all  manure  removed  by  the  owner  or  proprietor,  to  the 
satisfaction  of  the  Marshal,  or  health  officer  ; and  if  the  Penalty, 
owners  or  proprietors  of  said  yards  or  pens  fail  to  do  so, 
they  shall  be  proceeded  against  by  the  Marshal  or 
Health  Officer  as  for  a nuisance,  and  be  held  liable  and 
punished  accordingly. 


Sec.  d.  Hogs  or  swine  found  running  at  large  within  Hog#  at  large- 

. . . , . . . , ,,  how  dealt  with. 

the  city  limits  shall  be  dealt  with  and  the  owner  pro- 
ceeded against  as  provided  in  the  ordinance  relating 
thereto.  If  hogs,  or  swine  of  any  kind,  are  found  in 
pens  or  other  enclosures,  within  the  limits  specified  in 
the  first  section  of  ordinance  ; or  if  outside  of  said  lim- 
its and  and  within  the  city  limits,  the  Marshal,  or  Health 
Officer,  shall  find  in  pen  or  pens  swine  not  owned  by 
the  head  of  a family,  or  if  he  finds  one  family  with 
more  than  one  such  pen,  , or  if  he  finds  pens  with  more 
than  two  hogs  and  the  progeny  or  litter  of  such,  con- 
trary to  section  two  (2)  of  this  ordinance ; or  if  he  finds 
swine  in  yards  or  enclosures  kept  for  hire,  or  if  he  finds 
hogs  or  swine  used  or  kept  contrary  to  this  ordinance, 
he  shall  at  once  take  possession  of  such  hogs  or  swine, 


CITY  ORDINANCES. 


I CHAP.  49. 


228 


Penalty  and 
proceedings  for 
violating  this 
ordinance. 


and  give  five  days  notice  of  the  time  and  place  of  sale 
in  one  of  the  city  papers,  or  by  posting  written  or  printed 
notices  in  one  of  the  most  public  places  in  each  ward  of 
said  city,  and  shall  then  sell  the  same  at  public  auction, 
to  the  highest  bidder,  for  cash,  the  surplus,  after  paying 
the  fees,  costs  and  expenses  of  sale,  to  he  paid  to  the 
owner  if  claimed,  if  not,  then  to  he  paid  into  the  city 
treasury.  But  the  owner  of  said  hogs  may,  if  he  con- 
tests or  denies  that  there  was  a violation  of  this  ordi- 
nance, notify  the  Marshal  or  Health  Officer  to  appear  be- 
fore the  Police  Magistrate  of  the  city,  and  the  question 
shall  he  summarily  tried  as  one  of  fact,  and  the  sale  mean- 
while supended.  If  decided  in  favor  of  the  owner,  the 
hogs  shall  he  released  ; if  decided  against  him,  the  sale 
shall  proceed,  and  shall  not  he  suspended  by  an  appeal, 
hut  the  proceeds  of  sale  shall  he  held  to  await  the  de- 
cision on  appeal,  if  one  is  taken.  The  city  may  also 
appeal. 


Fees  of  Marshal  Sec.  5.  The  Marshal  or  Health  Officer  shall  he  al- 

m iicaHh  oiii-  ]0Wed,  for  taking  possession  of  each  hog,  the  sum  of 

25  cents,  and  for  keeping  the  same,  for  each  24  hours, 
or  fraction  thereof,  15  cents  ; for  giving  notices  and 
making  sales,  and  for  other  services,  the  same  fees  as 
are  allowed  to  constables  for  making  sales  on  execution, 
or  for  the  performance  of  like  or  similar  services.  And 
Pen  or  pound  the  Marshal  is  directed,  whenever  necessary,  to  provide 
to  be  provu  ec . ^ ^en  or  p0unc[  jn  some  sparsely  populated  part  of  the 

city,  in  which  to  keep  hogs  which  may  he  seized  under 
this  ordinance. 

Resistance  and  Sec.  6.  Whoever  obstructs,  or  interferes  with,  or 
ifed.ue  piohlb'  hinders,  or  delays  the  City  Marshal,  or  other  officer, 
executing  this  ordinance,  or  any  assistants  or  deputies 
of  such  Marshal,  or  other  officer,  or  whoever  shall  res- 
cue or  get  possession  illegally  of  said  swine  from  the 
custody  of  the  city  or  its  officers,  or  their  assistants,  or 
whoever  shall  break  or  open  any  pound  or  pen  provided 
by  the  Marshal  or  city  for  keeping  swine,  shall  he  guilty 
of  a misdemeanor,  and  on  conviction  shall  pay  a fine 


GEESE.— SHOWS,  ETC. 


CHATS.  49,  50.  j 


229 


of  not  less  than  three  nor  more  than  one  hundred  dol- 
lars for  each  offense. 

Sec.  7.  This  ordinance  being  deemed  necessary  to  naicefcand°how 
secure  the  health  and  welfare  of  the  inhabitants  of  the enforced- 
the  city,  the  officers  of  the  city,  and  particularly  the 
Marshal  and  health  officers,  are  directed  to  see  that  the 
same  is  strictly  observed  and  enforced. 

Passed  and  approved  September  2d,  1860. 


Note. — Garbage,  slops,  manure,  &c.,  within  the  hog  limits — how  disposed  of, 
see  ante  pp.  180, 181. 


ARTICLE  8. 

AN  ORDINANCE  to  prevent  geese  from  running  at 
large  within  the  city  of  Davenport. 

Section  1.  From  and  after  the  first  day  of  March,  Geese  not  to 

. , . 1 run  at  large. 

1867,  all  geese  running  at  large  in  the  streets  and  other 
public  places,  or  commons  and  vacant  lots  within  the 
city,  are  declared  to  be  nuisances,  and  the  owner  or 
owners  thereof  are  recpiired  to  keep  them  confined  on 
their  own  premises. 

Sec.  2.  Whoever  violates  this  ordinance  is  guilty  of  renaity. 
a misdemeanor,  and  shall  be  fined  not  exceeding  five 
dollars  for  each  offense,  and  the  Marshal  or  Health 
Officer  or  Inspector  shall  deal  with  the  geese  the  same 
as  is  provided  by  ordinance  (as  nearly  as  may)  “ to 
prevent  hogs  from  running  at  large.” 

Passed  and  approved  September  29,  1866. 


CHAPTER  L. 

AN  ORDINANCE  licensing  shows , exhibitions , per- 
formances, concerts , etc. 

Section  1.  Ho  person  shall  give  any  of  the  shows,  License  re- 
exhibitions, performances,  concerts,  or  lectures,  named  quiui ' 
in  the  next  section,  for  pay,  and  to  which  license  fees 
are  affixed,  unless  he  has  a license  therefor,  signed 
by  the  City  Clerk. 


Showp. 


Circus,  &c. 


Jugglers,  &c. 


Theatre. 


Concerts. 

Gift  concerts. 
Lectures. 

Exception. 


License— how 
obtained. 


Duty  of  Mar- 
shal. 


230  CITY  ORDINANCES.  [CHAP.  hO. 

Sec.  2.  Tliere  shall  he  paid  for  shows,  exhibitions, 
performances,  concerts,  or  lectures,  the  following  fees, 
to-wit : 

1st.  For  every  show  of  any  wild  beast,  or  beasts, 
fowls  or  birds,  or  monsters,  or  freaks  of  nature,  the 
sum  of  twenty  dollars. 

2d.  For  every  concert,  performance  of  horseman- 
ship, of  feats  of  activity,  for  each  performance,  the  sum 
of  fifty  dollars  ; and  this  ordinance  shall  be  so  con- 
strued as  to  compel  every  performance  exhibiting  un- 
der a separate  canvass,  or  in  a separate  room  or  hall, 
and  charging  a separate  price  for  admission,  to  pay  the 
regular  license  fee  for  such  performance. 

3d.  For  each  performance,  or  attempt  at  perform- 
ance of  any  feats  of  jugglery,  sleight  of  hand,  or  necro- 
mancy, the  sum  of  ten  dollars. 

4th.  For  each  theatrical  performance,  the  sum  of 
ten  dollars  ; for  one  month,  fifty  dollars  ; six  months, 
one  hundred  and  fifty  dollars  ; one  year,  two  hundred 
dollars. 

5th.  For  every  concert,  the  sum  of  ten  dollars  ; for 
every  gift  concert,  the  sum  of  fifty  dollars. 

6th.  For  every  other  exhibition,  performance,  show, 
or  lecture,  whereby  the  object  is  profit  or  gain,  for  each 
performance,  the  sum  of  five  dollars. 

Provided , however , that  this  ordinance  shall  not  be 
so  construed  as  to  prevent  residents  of  the  city  from 
giving  concerts,  or  any  person  from  lecturing  before 
any  regularly  established  literary  society,  institute  or 
lyceum,  without  such  license. 

Sec.  3.  Every  person  desiring  to  procure  a license 
as  aforesaid,  shall  pay  the  fee  therefor  to  the  City 
Treasurer,  taking  a receipt  for  the  same,  which  shall 
specify  for  what  show,  or  otherwise,  he  has  paid. 

Upon  such  receipt  being  produced  to  the  City  Clerk, 
he  shall  issue  a.  license,  receiving  a fee  of  one  dollar 
therefor  from  the  person  licensed. 

Sec.  4.  It  shall  be  the  duty  of  the  City  Marshal  to 
see  this  ordinance  strictly  enforced,  and  every  person 


CHAPS.  50,  51.] 


IMPROVING-  STREETS,  ETC. 


231 

violating  any  of  the  provisions  hereof,  shall,  upon  con- 
viction, he  punished  by  a fine  of  not  less  than  ten  or 
more  than  one  hundred  dollars  for  each  offense,  and 
may  stand  committed  until  such  fine  and  cost  of  prose- 
cution are  paid. 

Passed  and  approved  August  27,  1847,  and  August 
10,  1865. 

[As  to  reduction  of  rates  in  special  cases,  see  note  to  Chapter  30. 

As  to  gift  enterprises,  see  Chapter  101.] 


CHAPTER  LI. 

ARTICLE  1. 

AN  ORDINANCE  to  provide  for  improving  the 
streets,  alleys , public  landings , and  sidewalks  in  the 
city  of  Davenport. 

Section  1.  Whenever  it  shall  be  deemed  expedient  Grading  and 

^ , ..  *IJ  , macadamizing. 

by  the  City  Council  to  grade  and  pave,  or  macadamize, 
the  streets,  alleys,  or  public  landings  of  said  city,  or 
any  part  thereof,  said  Council  shall  by  order  or  resolu- 
tion, direct  the  Street  Commissioner  to  grade  and  prop- 
erly prepare  the  same,  together  with  the  sidewalks 
along  said  streets,  if  any  there  be,  for  such  paving  or 
macadamizing. 

Sec.  2.  Said  City  Council  may  also  by  order  orreso-nuty  ofEngi- 
lution,  from  time  to  time,  require  the  City  Engineer  to 
cause  the  gutters  to  be  paved  on  any  street,  alley  or 
public  ground  in  said  city,  and  the  streets  to  be  paved 
or  macadamized  between  the  gutters,  said  City  Engb 
neer  to  prepare  the  proper  specifications  for  such  work 
in  the  section  mentioned,  and  after  advertising  for  bids 
for  the  work  for  two  weeks,  shall  let  and  contract  for  Contract8< 
the  same  to  and  with  the  lowest  and  best  responsible 
bidder,  taking  from  such  contractor  a bond  with  good 
and  sufficient  sureties  in  a penalty  of  double  the  amount 
to  be  paid  for  the  work,  for  the  performance  thereof, 
within  the  time  fixed  for  its  completion. 


Cost. 


Apportionment 
of  expense. 


232  CITY  ORDINANCES.  [CHAP.  51. 

[Sec.  3,  relating  to  width,  of  gutters,  curb-stones,  &c., 
was  repealed  May  4, 1864,  and  is  not  herewith  printed.] 

Sec.  4.  The  cost  of  curbing,  guttering,  and  paving 
or  macadamizing  the  streets  between  the  gutters,  and 
all  intersections  of  streets,  shall  be  paid  for  out  of  the 
city  treasury,  and  the  grading  mentioned  in  the  first 
section,  shall  be  paid  for  out  of  the  road  fund  or  road 
tax  of  the  city. 

Sec.  5.  The  City  Engineer  shall,  within  ten  days 
after  the  letting  of  any  contract  for  paving  or  macada- 
mizing any  street  or  alley,  or  part  thereof,  make  appor- 
tionment of  the  cost  of  the  paving  or  macadamizing  the 
street  between  the  gutters  and  the  setting  of  the  curb- 
stones, among  the  owners  of  the  lots  or  ground  front- 
ing on  the  street  or  alley  being  so  paved  or  macada- 
mized, charging  the  cost  thereof  to  the  lots  according 
to  the  number  of  feet  front  they  contain  ; and  the 
paving  or  macadamizing  of  streets  in  front  of  alleys,  to 
be  paid  for  by  all  the  lot  owners  on  the  two  half  blocks 
fronting  on  the  streets  being  paved,  in  proportion  to 
the  number  of  feet  fronting  the  same,  and  place  bills 
for  the  same  in  the  hands  of  the  City  Marshal,  and 
from  the  date  of  said  bills  the  amount  therein  charged 
shall  constitute  a special  tax,  and  be  a lien  upon  the 
lots  or  ground  upon  which  they  are  charged  respect- 
ively, until  paid. 


A N ORDINANCE  to  amend  chapter  51  of  the  Re- 
vised Ordinances. 


Bills  presented, 


Report  t( 
Council. 


Sec.  6.  The  City  Marshal  shall  present  such  bills  to 
the  owner  or  owners  of  such  lots  or  grounds  to  which 
they  are  charged,  or  to  their  agents,  if  to  be  found, 
respectively,  for  payment  within  lifteen  days  from  the 
day  they  were  placed  in  his  hands,  and  if  not  paid,  it 
shall  be  the  duty  of  said  Marshal,  at  the  expiration  of 
said  fifteen  days,  to  make  report  to  the  Council,  and  the 
Council  shall  then  direct  the  mode  of  collection,  whether 
by  action  or  by  levy  of  a special  tax  or  assessment  and 


CHAP.  51  ] 


IMPROVING  STREETS. 


233 

sale  of  the  property.  If  by  action,  it  may  be  according  How  collectcd- 
to  the  provisions  of  sections  1068  and  1069  of  the  re- 
vision of  1860 — these  sections  being  hereby  made  part 
of  this  ordinance.  If  by  the  levy  of  a special  tax  or 
assessment,  it  shall  be  in  the  mode  pointed  out  in  the 
ordinance  relating  to  sidewalks,  all  of  the  provisions  ot 
which  are  hereby  made  (so  far  as  applicable)  part  ot 
this  ordinance. 

The  apportionment  of  the  City  Engineer  is  conclu- Actlon 
sive  in  the  absence  of  fraud,  and  is  prima  facie  suffi- 
cient to  entitle  to  a recovery  against  the  lot  owner. 

The  deed  of  the  Marshal  in  case  of  a sale  is  also  prima  Deed  of  Mar- 
facie  evidence  of  the  regularity  of  all  previous  proceed- 
ings. No  omissions  of  officers,  or  other  irregularity  or 
informality  shall  defeat  the  action  or  the  sale  of  prop- 
erty, if  the  work  was  ordered  by  the  Council,  if  notice 
was  published,  if  the  work  was  not  done  by  the  party, 
and  was  done  by  or  for  the  city.* 

Sec.  7.  The  owners  of  lots  fronting  on  all  that  por- Front  street 
tion  of  Front  street,  except  of  lots  in  block  number  six- 
ty-one (61)  and  sixty-two,  (62,)  shall  be  taxed  and  pay 
the  cost,  as  hereinbefore  provided,  of  paving  or  macad- 
izing  forty  feet  in  width,  of  the  street  or  public  ground 
from  the  gutter  on  the  north  side  of  Front  street. 

Sec.  8.  Whenever  the  City  Council,  under,  or  by  Foot  CV0S8in-°- 
virtue  of  this  ordinance,  shall,  by  order  or  by  resolu- 
tion, provide  for  the  paving  or  macadamizing  of  any 
street  or  streets,  it  shall  be  the  duty  of  the  City  Engi- 
neer, at  the  proper  time  during  the  progress  of  such 
work,  to  place,  or  cause  to  be  placed  across  said  street, 
at  proper  and  convenient  distances  apart,  at  all  cross- 
ings for  foot  passengers,  and  in  continuation  of  the 
sidewalks,  a double  line  of  stepping  stones,  the  same 
to  be  solidly  and  substantially  imbedded  in  the  earth. 

Passed  and  approved  June  4,  1856,  May  4,  1856, 
September  24,  1866. 

[As  to  this  ordinance,  see  note  to  Chap.  4S,  equally  applicable  here  ] 


Section  6,  above,  was  passed  and  approved  September  24, 18GG. 

30 


234 


CITY  ORDINANCES. 


[CHAP.  51. 


Notice  to  be 
given. 


Commissioner 


Duty  of  clerk. 


Duty  of  Mar- 
shal. 


Oath,  notice, 
&c. 


ARTICLE  2. 

AN  ORDINANCE  relating  to  the  appropriation  of 
private  property  for  streets , dec. 

Section  1.  Re  it  enacted  by  the  City  Council  of  the 
city  of  Davenport,  that  whenever  the  City  Council  shall 
deem  it  necessary  to  appropriate  and  take  the  real  es- 
tate of  any  person  or  persons,  for  the  purpose  of  laying 
out,  widening,  straightening  or  otherwise  improving  any 
street  or  streets  of  said  city,  notice  of  the  intention  to 
do  so  shall  he  given  to  the  owner  or  owners  thereof,  by 
publication  in  the  corporation  paper  of  the  city  for  at 
least  ten  days. 

3-  Sec.  2.  At  the  next  meeting  of  the  City  Council 
after  the  publication  aforesaid,  there  shall  be  chosen  by 
a majority  of  t he  whole  number  of  persons  who  may  be 
entitled  to  vote  in  said  Council,  and  by  ballot,  three  dis- 
interested freeholders,  residents  of  said  city,  whose  duty 
it  shall  be  to  act  as  commissioners,  and  to  ascertain  and 
assess  the  damages,  and  recompense  the  owners  of  the 
land  so  to  be  taken,  as  aforesaid,  and  at  the  time  deter- 
mine what  persons  will  be  benefited,  and  assess  the 
damages  and  expense  thereof,  upon  the  real  estate  of 
those  benefitted  by  such  improvement,  in  proportion,  or 
as  nearly  as  may  be,  as  the  same  are  benefited. 

Sec.  3.  The  Clerk  of  said  city  shall  immediately,  or 
as  soon  thereafter  as  practicable,  notify  the  commis- 
sioners of  their  election,  which  notice  shall  name  the 
object  for  which  they  are  elected,  which  notice  shall  be 
served  by  the  City  Marshal. 

Sec.  4.  The  commissioners  thus  elected  shall  be 
sworn  to  execute  their  duties  according  to  the  best  of 
their  abilities,  and  before  entering  upon  the  discharge 
thereof,  shall  give  public  notice  to  all  persons  interested 
of  the  time  and  place  of  their  meeting,  and  the  object 
for  which  they  are  to  meet,  which  notice  shall  be  pub- 
lished in  the  corporation  newspaper  for  at  least  ten 
days  previous  to  the  time  named  therefor.  The  com- 


CHAP.  51.  ] APPROPRIATION  OF  PRIVATE  PROPERTY.  ^35 

missioners  may  receive  testimony,  and  may  adjourn 
from  day  to  day. 

Sec.  5.  If  it  shall  become  necessary  to  take  any  land  ^gjdmgs 
upon  which  any  building  is  erected,  the  said  commis- 
.sioners  shall  proceed  with  reference  thereto,  as  is  pro- 
vided by  the  amended  charter  of  said  city,  and  in  case  Ante  p.  47. 
of  the  sale  of  any  building  as  is  therein  provided,  the 
same  shall  be  made  by  the  City  Marshal. 

Sec.  (3.  Within  forty  days  from  the  time  of  their  Report, 
appointment,  the  commissioners  aforesaid  shall  make  a 
full  and  complete  report  of  their  doings,  which  shall  be 
by  them  signed  and  returned  to  the  City  Council,  of 
which  the  Clerk  of  said  city  shall  give  notice,  by  publi- 
cation as  aforesaid,  for  ten  days,  to  all  persons  in- 
terested, that  unless  they  appear  at  a meeting  of  the 
Council,  upon  a day  in  said  notice  to  be  named,  and 
object  to  the  doings  of  said  commissioners,  the  report 
by  them  made  will  be  accepted,  and  their  doings  con- 
firmed. The  City  Council  shall  proceed  with  reference 
to  said  report,  as  is  provided  in  section  17  of  theA^ep.  4s. 
amended  charter  of  said  city,  and  if  the  report  afore- 
said shall  be  confirmed,  the  City  Council  shall  proceed 
to  levy  a special  tax  upon  the  several  parcels  of  land 
deemed  benefited,  for  the  several  sums  of  money  by 
said  commissioners  assessed,  and  immediately  upon 
such  levy,  the  Marshal  shall  proceed  to  collect  the  sums 
levied  of  the  property  aforesaid,  and  if  the  same  remain 
unpaid  for  the  period  of  ten  days  after  such  levy,  the 
Marshal  shall  proceed  to  collect  the  same  in  the  man- 
ner which  is,  or  may  be  provided  for  the  collection  of 
assessments  for  sidewalks.* 

Sec.  7.  The  City  Council  shall  have  power  to  remove  Removal  of 

. . 1 n . . . . . , . Commissioner?. 

commissioners,  and  from  time  to  time  appoint  others  m 
the  place  of  such  as  may  be  removed,  refuse,  neglect,  or 
be  unable  from  any  cause  to  serve.  Provided , such 


*This  section  amended  as  above  printed  September  24,  18C6. 


CITY  ORDINANCES. 


I CHAPS.  52,  58,  54. 


236 

change  shall  not  make  any  delay  in  the  proceedings  of 
the  commissioners.  (Ante,  p.  49.) 

Passed  and  approved  July  1,  1857. 

CHAPTER  LII. 

AN  ORDINANCE  in  relation  to  licenses. 

License  not  as-  Section  1.  No  license  issued  by  the  City  Clerk  un- 
der any  ordinances  of  this  city,  shall  be  transferable, 
except  with  the  consent  of  the  City  Council. 


CHAPTER  LIII. 

AN  ORDINANCE  to  repeal  an  ordinance  relating  to 
Markets , Marketing , etc. 

Passed  and.  approved  May  24,  1860.  (See  ante,  Cli. 
36.) 


CHAPTER  LIY. 

ARTICLE  1. 

AN  ORDINANCE  repealing  the  ordinances  herein 
revised  and  consolidated. 

Repeal  and  Section  1.  All  public  and  general  ordinances  passed 

effect  of.  . , r . ~ .,  , r. 

prior  to  the  present  session  ot  the  Council,  and  prior  to 
the  passage  of  the  ordinances  herein  contained,  are 
hereby  repealed,  subject  to  the  limitations  and  reserva- 
tions, and  with  the  exceptions  hereinafter  expressed. 
Same.  Sec.  2.  The  repeal  of  existing  ordinances  shall  not 

affect  any  act  done,  or  right  accrued,  nor  any  suit  or 
proceeding  had  and  commenced  in  any  civil  cause,  be- 
fore the  time  when  these  ordinances  take  effect ; but 
the  proceedings  in  all  cases  shall  conform  as  far  as  may 
be  consistent  with  the  provisions  of  these  ordinances. 


CHAP.  54.] 


REPEAL. 


237 

Sec.  3.  No  offense  committed,  and  no  penalty  or  Risht6  6aved* 
forfeiture  incurred  under  any  ordinance  repealed,  shall 
be  affected  by  the  repeal ; except  that  when  a punish- 
ment, penalty,  or  forfeiture  is  mitigated  by  the  pro- 
visions herein  contained,  such  provisions  shall  be  ap- 
plied to  a judgment  to  be  pronounced  after  the  repeal. 

Sec.  4.  No  suit  or  prosecution  pending  when  these Same* 
ordinances  take  effect,  lor  an  offense  committed,  or  for 
the  recovery  of  a penalty  or  forfeiture  incurred,  shall 
be  affected  by  the  repeal,  but  the  proceedings  may  be 
conformed  to  the  provisions  of  these  ordinances,  so  far 
as  consistent  therewith. 

Sec.  5.  These  ordinances  shall  take  effect  after  their 
publication,  according  to  law.* 

ARTICLE  2. 

AN  ORDINANCE  in  relation  to  the  repeal  of  ordi- 
nances. 


Section  1.  The  repeal  of  an  ordinance  shall  not  re- Effect  of  rei)eal- 
vive  an  ordinance  previously  repealed,  nor  does  such 
repeal  affect  any  right  which  accrued  to  the  city,  any 
duty  imposed,  any  penalty  incurred,  nor  any  proceed- 
ing commenced  on  behalf  of  the  city,  or  for  its  benefit, 
under  or  by  virtue  of  the  repealed  ordinance. 

Passed  and  approved  September  24,  1866. 

ARTICLE  3. 


AN  ORDINANCE  to  preserve  to  the  city  the  right  to 
repeal  grants  of  special  privileges. 

Section  1.  All  ordinances,  resolutions,  or  other  acts  Grant  of  special 
of  the  City  Council  of  Davenport,  hereafter  to  be  pass-  peaiabie. 
ed,  adopted  or  done,  whereby  special  privileges  or  im- 
munities shall  be  granted  to,  or  conferred  upon  citizens 
or  others,  shall,  unless  the  contrary  be  expressed  on  the 


* The  above  was  published  in  the  Revised  Ordinances  of  February,  1857,  and 
September,  1862. 


CITY  ORDINANCES. 


[CHARS.  54,  55,  56. 


238 

face  thereof,  be  subject  to  amendment  or  repeal  at  all 
times  by  a vote  of  two-tliirds  of  all  of  the  Council. 
And  all  such  grants,  unless  the  contrary  be  expressed, 
shall  be  taken  to  be  made  and  accepted  with  reference 
to  this  ordinance  and  the  rights  which  it  declares  and 
reserves  to  the  city. 

nanoe  incfudeel"  Sec.  2.  The  provisions  of  this  ordinance  are  intend- 
ed, among  other  things,  to  apply  to  all  exercises,  by 
the  City  Council,  of  the  corporate  powers  of  the  city  in 
behalf  or  for  the  benefit  of  individuals  which  have  the 
effect  to  limit  or  abridge  the  right  and  power  which  the 
City  Council  would  otherwise  possess ; and  are  in- 
tended to  apply  to  grants  of  personal  privileges  as  well 
as  to  grants  or  other  acts  with  reference  to  the  streets, 
landings  and  other  public  property  which  the  city  holds 
in  trust  for  its  inhabitants  or  the  public. 

Passed  and  approved  September  24,  1866. 


CHAPTER  LY. 

AN  ORDINANCE  to  adopt  the  amendment  of  the 
city  charter  of  Davenport , authorizing  the  loan  of 
forty  thousand  dollars. 

[This  is  an  ordinance  adopting  an  amendment  to  the 
city  charter  authorizing  the  city  to  borrow  $40,000  and 
issue  its  bonds,  to  pay  for  that  amount  of  stock  in  the 
Chicago  & R.  I.  R.  R.  Co.  It  has  not  been  deemed 
essential  to  re-print  the  ordinance  in  full.] 

Passed  May  22,  1852. 


CHAPTER  LYI. 

AN  ORDINANCE  to  adopt  the  amendment  of  the 
city  charter  of  Davenport  authorizing  a loan  of  sev- 
enty-five thousand  dollars. 

Whereas,  the  City  Council  of  the  city  of  Davenport 


CHAP.  56  ] 


LOAN  OP  $75,000. 


239 

did,  on  the  7th  day  of  July,  A.  D.  1853,  submit  an 
amendment  to  the  Charter  of  said  city  to  the  people, 
to-wit : Now — 

Section  1.  Be  it  therefore  enacted  by  the  City  Coun-  stock  in  r.  r. 
cil  of  the  city  of  Davenport , that  the  said  city  in  its 
corporate  capacity,  will  subscribe  to,  and  take  the  sum 
of  seventy-five  thousand  dollars  of  the  stock  of  the 
Mississippi  and  Missouri  Railroad  Company,  as  organ- 
ized by  virtue  of  and  under  the  laws  of  Iowa. 

Sec.  2.  That  said  city  will  borrow  money  for  the  Bonds  for 

v •'  money  borrow  - 

purpose  of  paying  said  amount  of  stock,  the  sum  of ed- 
seventy-five  thousand  dollars  ; and  that  the  faith  of  the 
city  of  Davenport  be,  and  the  same  is  hereby  pledged  for 
the  payment  of  the  principal  and  interest  of  any 
amount  borrowed  under  and  by  virtue  of  this  ordinance; 
that  the  said  corporation  shall  issue  its  bond  for  the 
money  to  be  borrowed,  bearing  interest  not  exceeding 
ten  per  cent,  per  annum,  and  redeemable  at  any  time 
within  twenty  years  ; that  the  corporate  authorities 
aforesaid  shall  provide  for  the]  semi-annual  payment  of 
the  interest  upon  said  bonds  and  the  ultimate  payment 
of  the  principal ; that  when  the  same  cannot  be  paid 
out  of  the  ordinary  revenue,  the  city  authorities  shall 
levy  a specific  tax  for  that  purpose  upon  the  taxable 
property  of  said  city,  and  shall  provide  for  the  payment 
of  the  principal  by  the  transfer  of  said  stock  to  the 
holder  of  the  bonds,  or  to  some  person  or  persons,  or  in 
such  other  way  and  manner  as  may  be  necessary  to 
meet  the  payment  of  said  principal  as  well  as  preserve 
the  good  faith  of  the  city  of  Davenport. 

Therefore , we  do  hereby  certify  that  the  foregoing 
amendment  to  the  city  charter  was  unanimously  passed 
by  the  City  Council  and  adopted  by  the  legal  voters  of 
said  city,  and  is  now  here  approved,  this  9th  day  of 
July,  A.  D.  1853. 

JOHN  N.  BOYD,  Mayor. 

Attest : Richard  K.  Allen,  City  Clerk. 

I certify  that  the  foregoing  amendment  passed  and 


CITY  ORDINANCES. 


[CHAPS.  56,  57. 


House  of  ill 
fame. 


Keeping  of, 


Penalty. 


Inmates  de- 
fined. 


240 

approved  on  the  9th  day  of  July,  A.  I).  1853,  was  duly 
posted  and  published  according  to  the  directions  of  the 
City  Council  and  the  laws  governing  the  same. 

EICHAED  K.  ALLEE,  Clerk. 

[Note. — United  States  Supreme  Court  decisions  sustaining  validity  of  bonds  of 
cities  to  railroad  companies  : 21  How.,  539  ; 23  id.,  3S1 ; 24  id.,  287,  365;  22  id.,  864; 
1 Wallace,  88;  id.,  291;  id.,  384,  393;  id.,  175;  id.,  272. 

State  decisions  in  Iowa  denying  power  of  cities  to  subscribe  to  stock  of  rail- 
roads : 18  Iowa  Rep.,  3S8;  14  Iowa  Rep.,  47;  id.,  107,  15  Iowa,  385;  id.,  436. 


CIIAPTEK  LVII. 

AN  ORDINANCE  for  the  suppression  of  houses  of 
ill-fame , and  for  the  punishment  of  vagrants  and 
prostitutes. 

Section  1.  That  all  houses  of  ill-fame  and  houses  of 
assignation  where  men  and  women  resort  for  the  pur- 
pose of  prostitution,  are  hereby  declared  public  nuis- 
ances, and  the  Marshal  or  Chief  of  Police  are  ordered 
to  abate  the  same  as  provided  already  by  ordinance. 

&c-  Sec.  2.  If  any  person  shall  be  guilty  of  keeping  or 
maintaining  a house  of  ill-fame,  prostitution,  or  shall  be 
an  inmate  of,  or  in  any  way  connected  with,  or  in  any 
way  contribute  to  the  support  of  any  house  of  ill-fame, 
prostitution,  or  assignation,  or  knowingly  own  or  be  in- 
terested as  proprietor  or  landlord  of  any  such  house, 
such  persons  so  keeping,  interested  in,  contributing  to 
the  support  of,  visiting  or  inmate  of  any  such  house, 
shall  be  punished  by  a line  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  and  costs  of  prosecution,  and 
they  shall  stand  committed  until  such  fine  and  costs  be 
paid. 

Sec.  3.  Every  person  found  in  any  house  of  ill-fame, 
prostitution  or  assignation,  whether  they  be  male  or  fe- 
male, shall  be  considered  an  inmate  within  the  mean- 
ing of  the  second  section  of  this  ordinance,  and  their 
presence  in  any  such  house  or  houses  at  any  hour  of  the 
day-time  or  night,  shall  be  prima  facie  evidence  that 


CHAP.  57  ] 


HOUSES  OF  ILL-FAME,  ETC. 


241 


they  were  there  for  the  purpose  of  prostitution,  and 
that  they  are  inmates  of  a house  of  ill-fame  within  the 
meaning  of  said  section. 

Sec.  4.  Any  person  able  to  work  and  support  him-  Vagrants 
self  in  any  honest  and  respectable  calling,  who  shall  be 
found  loitering  or  strolling  about  any  street,  alley,  com- 
mon, or  any  public  or  private  place  within  the  city,  not 
having  any  regular  or  lawful  business,  or  who  shall  oc- 
cupy for  the  purpose  of  lodging,  or  any  other  purpose, 
any  barn,  shed,  shop,  or  place  other  than  such  as  kept 
for  that  purpose,  without  permission  of  the  owner  or 
party  entitled  to  the  possession  thereof,  or  who  shall 
lead  an  idle,  immoral,  or  profligate  course  of  life,  shall 
be  deemed  a vagrant,  and  upon  conviction  thereof  be- 
fore any  court  having  jurisdiction,  shall  be  fined  in  a 
sum  not  less  than  five  nor  more  than  fifty  dollars,  and 
if  a male,  as  a part  of  said  judgment,  unless  said  fine 
shall  be  paid,  he  may  be  sentenced  to  labor  on  the 
streets  under  the  direction  of  the  Street  Commissioner 
one  day  for  each  dollar  of  fine  unpaid,  and  in  default 
thereof  shall  be  committed  to  the  county  jail,  and  con- 
fined there  until  such  fines  and  costs  be  paid,  or  he  be 
discharged  by  order  of  the  Mayor. 

Sec.  5.  If  the  owner,  or  keeper,  or  occupant  of  any  Examination 
house  suspected  of  being  a house  of  ill-fame,  prostitu- hoUBe' 
tion  or  assignation,  shall  refuse  to  permit  the  Chief  of 
Police  or  any  other  executive  officer  acting  under  the 
order  of  the  city  government  to  enter  the  Same,  it  shall 
be  lawful  to  any  such  officer  to  enter  by  force,  by  break- 
ing the  door,  or  otherwise,  with  or  without  warrant,  and 
be  liable  to  no  punishment  or  damages  for  so  doing. 

Sec.  6.  Upon  proof  being  made  before  any  magis-  Houso  to  be 
trate  trying  the  case,  that  any  house  or  tenement  m the 
city  is  used  as  a house  of  ill-fame,  prostitution  or  assig- 
nation, the  Court  shall  issue  a precept  to  the  Chief  of 
Police,  or  any  member  of  the  same,  or  any  other  exec- 
utive officer,  to  close  said  premises,  the  same  to  be  left 
closed  until  proper  assurance  shall  be  given  by  the 
31 


CITY  ORDINANCES. 


(CHAPS.  57,  58,  59. 


Second  offense. 


License— when 
required . 


m 

owner  thereof  to  the  Court  or  Mayor  of  the  city,  that  it 
shall  not  be  used  again  for  the  purpose. 

Sec.  7.  Upon  conviction  of  any  person  under  any 
provision  of  this  ordinance  a second  time  for  the  same 
offense,  the  punishment  shall  be  imprisonment  by  close 
confinement  twenty  days,  and  upon  a third  conviction 
by  close  confinement  for  not  less  than  twenty  nor  more 
than  thirty  days. 

Passed  and  approved  June  16,  1858. 

Note. — Charter  gives  city  power  to  pass  ordinances  of  this  character.  See,  ante 
pp.  39,  40. 


CHAPTER  LVIII. 

A N ORDINANCE  regulating  the  sale  of  intoxicat- 
ing liquors . 

[Repealed  September  21,  1866,  and  hence  not  here- 
with printed.] 


CHAPTER  LIX. 

AN  ORDINANCE  regulating  the  sale  of  lumber  in 
the  city  of  Davenport  by  transient  dealers  A 

Section  1.  That  no  person  or  persons  not  a citizen 
of  Davenport,  shall  put  or  place  upon  the  public  levee, 
or  on  the  shore  of  the  Mississippi  river  within  the  limits 
of  the  city,  any  sawed  lumber,  shingles,  boards,  planks, 
joist,  studding,  or  any  other  lumber  manufactured  or 
sawed,  for  the  purpose  of  selling  the  same  at  retail,  nor 
shall  such  person  or  persons,  not  a resident  of  the  city 
of  Davenport,  sell  at  retail  at  any  other  place  within 
the  limits  of  said  city,  without  first  procuring  a license 
therefor,  as  provided  in  section  second,  under  a penalty 


*Tlie  right  “ to  license,  regulate  and  tax”  transient  dealers  is  expressly  given  by 
the  charter.  Art.  5.  Sec.  2,  an/«,  p.  89. 


CHAP.  59.]  REGULATING  SALE  OP  LUMBER.  243 

of  not  less  than  ten  nor  more  than  twenty  hve  dollars 
for  each  offense. 

Sec.  2.  Any  person  who  shall  land  or  place  upon  the  of 
levee,  within  the  limits  of  the  city,  any  sawed  lumber, 
shingles,  boards,  planks,  joist,  studding,  or  any  other 
lumber,  manufactured  or  sawed,  with  the  intent  to  offer 
or  sell  the  same  at  retail,  shall  within  six  hours  of  the 
time  of  landing  or  placing  such  lumber  on  the  levee, 
apply  to  the  City  Clerk  of  this  city  for  a license  to  sell 
such  lumber  at  retail,  and  shall  pay  the  said  Clerk  the 
sum  of  three  (3)  dollars  for  every  thousand  feet  of  lum- 
ber so  landed  for  sale  at  retail,  and  the  further  sum  of 
one  dollar  for  his  fees  in  issuing  such  license. 

Sec.  3.  Any  person  applying  for  such  license  shall  statement, 
present  the  City  Clerk  with  a statement  in  writing,  and 
under  oath,  of  the  kind  and  quantity  of  the  sawed  lum- 
ber he  or  they  desire  to  sell  under  said  license,  and  the 
City  Clerk  shall  insert  the  quantity  of  lumber  in  the 
license  to  be  issued. 

Sec.  4.  Any  person  not  a resident  of  the  city,  who  con- 
complies  with  the  foregoing  sections  of  this  ordinance, 
shall  have  the  right  to  land  any  raft  of  sawed  lumber 
upon  any  portion  of  the  public  levee,  except  that  por- 
tion included  between  Rock  Island  and  Harrison  streets, 
for  the  purpose  of  selling  the  same  in  any  quantity  at 
retail.  Provided , that  this  ordinance  shall  not  be  so 
construed  as  to  give  the  right  to  any  person  of  estab- 
lishing a permanent  lumber  yard  upon  any  jDortion  of 
the  public  levee  within  the  city.  Provided , further , 

that  no  lumber  shall  be  put  or  placed  at  the  foot  of  any 
street  leading  north  from  the  Mississippi  river  so  as  to 
obstruct  the  free  access  to  the  river  for  carts,  drays, 
wagons,  teams  and  other  vehicles.  Any  person  violat-  Penalty, 
ing  any  of  the  provisions  of  this  section,  in  so  obstruct- 
ing any  streets  with  lumber,  shall  forfeit  and  pay  a tine 
of  twenty  dollars  for  each  otfense. 

Sec.  5.  By  the  term  “selling  lumber  at  retail,”  as 
used  in  this  ordinance,  shall  be  understood  the  selling 


&c. 


CITY  ORDINANCES 


[CHAPS.  59,  60,  61. 


244 

of  such  lumber  in  quantities  less  than  the  whole  quan- 
tity so  landed  or  placed  upon  the  levee. 

Sec.  6.  If  any  person  shall  make  any  false  inven- 
tory of  the  landing  of  the  lumber  which  he  desires  to 
sell,  when  applying  for  his  license,  he  shall  be  deemed 
guilty  of  a misdemeanor,  and  shall,  upon  conviction 
thereof,  forfeit  and  pay  a line  of  not  less  than  twenty- 
live  dollars  for  each  olfense. 

Passed  and  approved  July  21,  1858,  and  afterwards 
amended  to  read  as  above  printed. 


CHAPTER  LX. 

AN  ORDINANCE. 

Firemen  ex  That  each  member  of  the  Fire  Department  of  this 
empt  from  poii  gjiaq  pe  exempt  from  the  payment  of  any  city  poll- 

tax  assessment  as  well  as  for  the  year  1858  as  for  future 
years. 

Passed  and  approved  July  21,  1858. 


CHAPTER  LXI. 

AN  ORDINANCE  licensing  and  regulating  Pawn- 
brokers. 

Section  1.  The  Mayor,  by  and  with  the  consent  of 
the  City  Council,  may,  from  time  to  time,  grant  license 
under  his  hand  and  seal,  to  such  persons  as  shall  pro- 
duce to  him  satisfactory  evidence  of  their  character  and 
integrity,  to  exercise  or  carry  on  the  business  of  a 
pawnbroker.  Ho  one  without  such  license  shall  carry 
on  such  business.* 

Sec.  2.  Every  person  receiving  such  license  shall 
pay  the  sum  of  fifty  dollars  in  advance,  for  the  use  of 
the  city,  and  all  licenses  be  made  out  for  one  year. 


Pawnbrokers 

licensed. 


license  fee. 


* Amended  a3  above  printed  September  24,  1S66. 


CHAP.  61.1  PAWNBROKERS.  245 

Sec.  3.  Every  person  so  licensed  shall,  at  the  time  Bond- 
of  receiving  such  license,  execute  a bond  with  two  suf- 
ficient sureties,  to  the  city  of  Davenport,  in  the  penalty 
of  five  hundred  dollars,  conditioned  for  the  due  obser- 
vance of  the  ordinances  of  this  city,  now  or  hereafter 
enacted  during  the  continuance  of  such  license,  and  any 
person  aggrieved  by  the  acts  of  any  pawnbroker,  may 
sue  upon  such  bond  and  recover  such  damages  as  he 
shows  himself  entitled  to. 

Sec.  4.  Every  pawnbroker  shall  keep  a book,  in  and 
which  shall  be  fairly  written,  at  the  time  of  such  loan, 
an  accurate  account  and  description  of  the  goods,  article 
or  thing  pawned,  the  amount  of  money  loaned  thereon, 
the  time  of  pledging  the  same,  the  rate  of  interest  to 
be  paid  on  such  loan,  the  time  when  the  loan  becomes 
payable,  and  the  name  of  the  person  pawning  or  pledg- 
ing the  said  goods,  article  or  thing. 

Sec.  5.  Every  pawnbroker  shall  at  the  time  of  each  same, 
loan,  deliver  to  the  person  pawning  any  article  of 
goods,  a memorandum  or  note,  signed  by  him  or  her, 
containing  the  substance  of  the  entry  required  to  be 
made  in  his  or  her  book,  by  the  last  preceding  section  ; 
and  no  charge  shall  be  made  by  any  pawnbroker  for 
such  entry,  memorandum  or  note. 

Sec.  6.  Said  books  of  any  pawnbroker  shall,  at  all  Books  inspect- 
reasonable  times,  be  opened  to  the  inspection  of  the 
Mayor,  Police  Magistrate,  Marshal  of  this  city,  or  any 
or  either  of  them,  or  to  any  person  who  shall  be  duly 
authorized  in  writing  for  that  purpose,  by  any  or  either 
of  them. 

Sec.  7.  Every  pawnbroker  who  shall  violate  or  neg- Penalty, 
lect  to  refuse  to  comply  with  any  or  either  of  the  pro- 
visions of  this  ordinance,  shall,  for  every  such  offense, 
forfeit  and  pay  the  sum  of  twenty-five  dollars,  to  be  re- 
covered for  the  use  of  the  corporation,  and  his  license 
may  be  revoked  in  the  discretion  of  the  Mayor. 

Sec.  8.  ISTo  pawnbroker  shall  sell  any  pawn  or  sales  regulated, 
pledge  until  the  same  shall  have  remained  two  months 


CITY  ORDINANCES. 


[CHAPS.  61,  62. 


Surplus. 


Absence  or 
neglect. 


246 

in  his  or  her  possession,  after  the  payment  of  the  pawn 
loaned  becomes  due,  and  all  such  sales  shall  be  at  pub- 
lic auction,  and  not  otherwise  unless  by  consent  in 
writing  of  the  party  pawning  the  goods,  and  then  not 
until  after  six  days  notice  in  writing  has  been  given, 
by  posting  up  three  written  notices  in  three  public 
places  in  this  city ; and  when  any  property  is  pledged 
exceeding  the  value  of  fifty  dollars,  such  notice  shall  be 
by  publication  in  some  newspaper  printed  in  said  city, 
for  the  time  above  specified. 

Sec.  9.  All  surplus  money,  if  any,  arising  upon  such 
sale,  after  deducting  costs  and  expenses  of  sale,  shall 
be  paid  over  to  the  owner  of  the  article  or  thing  there 
sold,  or  be  paid  into  the  city  treasury  for  the  use  of 
such  persons. 

Passed  and  approved  August  19,  1858. 

[The  power  “to  license,  tax  and  regulate  pawnbrokers”  is  expressly  given  by 
the  charter,  Art.  5,  Sec.  2.  Ante,  p.  89. 


CHAPTER  LXI1. 

AN  ORDINANCE  relating  to  deduction  of  salaries 
of  city  officers  during  tlieir  absence  from  duty  A 

Section  1.  The  City  Clerk  and  City  Treasurer  be 
and  they  are  hereby  authorized  and  directed  to  deduct 
from  the  salaries  of  city  officers  for  absence  and  neglect 
of  duty,  such  sums  of  money  as  would  be  equal  to  the 
proportion  of  their  respective  salaries  accruing  during 
such  absence  or  neglect  of  duty. 

Passed  and  approved  November  3,  185S. 


As  to  salaries  generally,  sec  Chapiter  17,  ante,  p.  186. 


CHAPS.  63,  64,  65.1 


BOUNDARIES  OF  WARDS. 


247 


CHAPTER  LXIII. 

AN  ORDINANCE  providing  for  a transfer  of  the 
Engine  House  on  Brady  street  from  the  Fire  Depart- 
ment. 

[Not  re-printed  because  of  no  general  interest.] 


CHAPTER  LXIY. 

AN  ORDINANCE  providing  for  the  issuing  of  dray, 
wagon  and  coach  licenses. 

Section  1.  Hereafter  all  licenses  issued  by  the  Clerk  Duration  of 

^ # licenses.  See 

for  drays,  wagons  and  coaches  shall  be  made  to  termi-oii.  is,  Art.  3. 
nate  with  the  31st  day  of  December  of  each  year. 

Passed  and  approved  January  5,  1859. 


CHAPTER  LXY. 

AN  ORDINANCE  changing  and  defining  the  bound- 
aries of  the  several  wards  of  the  city  of  Davenport, 
and  for  other  purposes. 

Section  1.  All  that  portion  of  said  city  which  lies  ist  ward, 
west  of  Warren  street,  and  of  a line  running  due  north 
therefrom  to  the  corporation  line,  shall  constitute  and 
be  denominated  the  First  Ward. 

Sec.  2.  That  all  of  that  portion  of  said  city  which  2d  ward, 
lies  east  of  the  First  Ward  as  herein  created,  and  west 
of  Western  Avenue,  shall  constitute  and  be  denomin- 
ated the  Second  Ward. 

Sec.  3.  That  all  of  that  portion  of  said  city  which  3d  ward, 
lies  east  of  the  Second  Ward  as  herein  created,  and 
west  of  Harrison  street,  shall  constitute  and  be  denom- 
ated  the  Third  Ward. 

Sec.  4.  That  all  of  that  portion  of  said  city  which  4th  Ward. 


CITY  ORDINANCES. 


[CHAPS.  65,  66. 


5th  Ward. 


6th  Ward. 


Aldermen 

elected. 


Same. 


Repeal  clause. 


City  Physician 
abolished. 


248 

lies  east  of  the  Third  Ward  as  herein  created,  and  west 
of  Perry  street,  and  of  a line  running  due  north  there- 
from to  the  north  line  of  the  corporation,  shall  consti- 
tute and  he  denominated  the  Fourth  Ward. 

Sec.  5.  That  all  of  that  portion  of  said  city  which 
lies  east  of  the  Fourth  "Ward  as  herein  created,  and  west 
of  Farnam  street,  shall  constitute  and  he  denominated 
the  Fifth  Ward. 

Sec.  6.  That  all  of  that  portion  of  said  city  which 
lies  east  of  the  Fifth  Ward  as  herein  created,  shall  con- 
stitute the  Sixth  Ward. 

Sec.  7.  That  at  the  municipal  election  of  said  city, 
after  the  taking  effect  of  this  ordinance,  there  shall  he 
elected  in  said  city  six  Aldermen,  one  from  each  Ward 
as  herein  created,  to  serve  for  the  term  of  two  years. 

Sec.  8.  That  the  term  of  office  of  the  Aldermen 
heretofore  elected,  shall  not  be  affected  hy  the  passage 
of  this  ordinance,  hut  are  hereby  declared  eligible, 
and  shall  serve  as  Aldermen  of  the  several  Wards  of 
which  they  are  now  residents,  until  the  expiration  of 
their  term,  anything  herein  contained  to  the  contrary 
notwithstanding. 

Sec.  9.  All  ordinances  heretofore  passed,  fixing  and 
defining  the  boundaries  of  the  Wards  of  said  city,  and 
other  ordinances  or  parts  of  ordinances  which  are  in- 
consistent and  in  conflict  with  this  ordinance,  are  hereby 
repealed. 

Passed  and  approved  February  16,  1859. 


CHAPTER  LXYI. 

AN  ORDINANCE  abolishing  the  office  of  City  Phy- 
sician. 

Section  1.  The  office  of  City  Physician  for  the  city 
of  Davenport  is  hereby  abolished. 


CHAPS.  67, 68, 69, 70.]  FEES,  ETC.  249 

Sec.  2.  All  ordinances  or  parts  of  ordinances  in  con- 
flict with  this  ordinance  are  hereby  repealed. 

Passed  and  approved  February  10,  1859. 


CHAPTER  LXVII. 

AN  ORDINANCE  to  pay  Strong  Burnell  one  hun- 
dred dollars. 

[Omitted.] 

Passsed  and  approved  February  16,  1859. 


CHAPTER  LXYIXI. 

AN  ORDINANCE  relating  to  the  collection  of  $32 
delinquent  sidewalk  assessment  on  Lot  1,  Block  3, 
Motids  Addition  to  the  city  Davenport. 

[Omitted  because  of  no  general  interest.] 

Passed  and  approved  March  16,  1859. 


CHAPTER  LXIX. 

AN  ORDINANCE  relating  to  policemen. 

(Repealed  by  general  ordinance  relating  to  policemen. 
See  Chap.  43.) 

Passed  and  approved  July  3,  1861. 


CHAPTER  LXX. 

AN  ORDINANCE  relating  to  the  fees  of  Police 
Magistrate. 

Section  1.  That  in  all  proceedings  before  the  Police  Fees-whoto 
Magistrate  to  enforce  the  ordinances  of  the  city  of1  * 

Davenport,  when  the  costs  cannot  be  made  of  the  de- 
32 


CITY  ORDINANCES. 


[CHAPS.  70,  71,  72,  73. 


250 

fendant,  on  execution,  and  in  all  cases  where  the  infor- 
mation is  made  by  a city  officer,  under  the  ordinances, 
the  Police  Magistrate  shall  be  paid  by  the  city  of  Dav- 
enport, the  same  fees  as  are  paid  to  Justices  of  the 
Peace  by  the  county  in  criminal  cases. 

Sec.  2.  All  ordinances  or  parts  of  ordinances  in  con- 
flict with  this  ordinance  are  hereby  repealed. 

Passed  and  approved  July  3,  1861. 


CHAPTER  LXXI. 

AN  ORDINANCE  to  vacate  the  alley  in  Block  91. 

Alley  vacated.  Section  1.  The  public  alley  laid  out  and  recorded 
in  block  number  ninety-one  (91)  in  Le  Claire’s  addition 
to  said  city  be  and  the  same  is  hereby  vacated. 

Passed  and  approved  April  10,  1861. 


CHAPTER  LXXII. 

AN  ORDINANCE  fixing  the  time  for  holding  regular 
meetings  of  the  City  Council . 

Time  of  holding  Section  1.  After  the  first  meeting  of  the  City 

regular  meet-  . _ _ . n A 

ings.  Council  m December,  1866,  the  regular  meeting  of  the 

City  Council  of  the  city  of  Davenport  shall  be  held 
upon  the  first  and  third  Wednesday  of  each  and  every 
month,  commencing  at  J-J-  o’clock  P.  M. 

Sec.  2.  All  ordinances  in  conflict  with  the  above 
are  repealed. 

Passed  and  approved  September  24,  1866. 


CHAPTER  LXXIII. 

AN  ORDINANCE  reguiring  the  use  of  bells  by  goer- 
sons  sleighing  in  the  city. 

Section  1.  Be  it  enacted  by  the  City  Council  of  the 


CHAPS.  73,  74,  75.] 


COASTING  OR  SLEDDING. 


251 

city  of  Davenport,  That  it  shall  be  unlawful  for  any Bells  required, 
person  or  persons  to  drive  sleighs,  cutters,  or  similar 
vehicles,  in  the  streets  of  said  city  without  having  bells 
attached  to  either  horse  or  vehicle. 

Sec.  2.  Any  person  or  persons  violating  this  ordi- Penalty- 
nance  shall,  upon  conviction  thereof  before  the  Mayor, 

Police  Magistrate,  or  some  Justice  of  the  Peace,  pay  a 
fine  of  one  dollar  and  cost  for  each  and  every  such 
offense,  and  stand  committed  until  paid. 

Sec.  3.  It  shall  be  the  duty  of  the  City  Marshal  to  Marsha1’6  duty- 
arrest  all  persons  violating  this  ordinance,  and  forth- 
with bring  them  before  either  of  the  aforementioned 
officers  for  trial. 

Passed  and  approved  January  2,  1861. 


CHAPTER  LXXIY. 

AN  ORDINANCE  to  prohibit  coasting  or  sledding  on 
Brady , Harrison , and  other  streets. 

Section  1.  All  persons  are  hereby,  prohibited  from  lasting, 
coasting  or  sledding  down  Harrison,  Brady,  Main, 

Gaines  and  Warren  streets  in  said  city. 

Sec.  2.  All  persons  violating  this  ordinance  shall  be  Penalty, 
fined  not  less  than  one  dollar  nor  more  than  five  dollars 
for  every  such  offense. 

Passed  and  approved  Jan.  2,  1861,  and  Jan.  1,  1862. 


CHAPTER  LXXY. 

AN  ORDINANCE  relating  to  the  correcting  of  errors 
in  the  Assessor's  Book. 


[Incorporated  in  Revenue  ordinance.] 


252 


CITY  ORDINANCES. 


[CHAl’S.  76,  77. 


Sidewalk  to  bo 
cleaned. 


Penalty. 


Duty  of  Street 
Commissioner 
defined. 


CHAPTER  LXXYI. 

AN  ORDINANCE  to  remove  snow  and  ice  from  the 
sidewalks  A 

Section  1.  The  occupant  of  each  and  every  base- 
ment or  building  in  said  city,  fronting  upon  any  street 
or  sidewalk  which  is  of  plank,  stone,  brick,  iron,  or 
other  materials,  or  the  owner  of  any  unoccupied  lot 
fronting  as  aforesaid,  shall  clear  the  sidewalk  in  front 
of  such  basement,  building  or  unoccupied  lot,  as  the 
case  may  be,  of  snow  and  ice,  by  nine  o’clock  in  the 
forenoon  of  each  day,  and  cause  the  same  to  be  kept 
clear  of  said  snow  and  ice  ; and  every  person  omitting 
to  clear  off  said  sidewalks  by  the  hour  in  the  forenoon 
above  named,  or  to  keep  the  same  free  from  snow  and 
ice  for  the  space  of  twenty-four  hours  after  the  snow 
has  fallen,  or  accumulated,  shall  forfeit  and  pay  the 
sum  of  not  more  than  ten  dollars  in  cash  ; and  the  like 
penalty  of  two  dollars  for  every  twelve  hours  such  side- 
walk shall  remain  so  encumbered  after  notice  from  the 
Mayor,  any  Alderman,  or  any  police  officer  of  said  city. 

Passed  and  approved  March  5, 1862.  Amended  Sep- 
tember 21,  1866. 


CHAPTER  LXXVII. 

AN  ORDINANCE  providing  for  the  collection  of  road  poll 
taXy  and  for  other  purpose. 

Section  1.  It  shall  be  the  duty  of  the  Street  Com- 
missioner of  the  city  of  Davenport,  under  the  direction 
of  a committee  to  be  appointed  by  the  City  Council,  to 
superintend  all  repairs  and  improvements  upon  the 
streets  and  alleys  in  said  city,  ordered  by  the  City 
Council,  (or  in  the  judgment  of  the  said  Street  Com- 
missioner necessary  to  be  made,)  provided,  that  in  all 

*See  ante , pp.  89,  90,  Notes  to  City  Charter. 


CHAP.  77.] 


ROAD  POLL-TAX,  ETC. 


253 

improvements  not  made  by  order  of  the  Council,  the 
Street  Commissioner  shall  confer  with  and  secure  the 
concurrence  of  the  committee  aforesaid,  before  pro- 
ceeding to  make  such  repairs  or  improvements. 

Sec.  2.  Be  it  further  enacted , that  hereafter,  in  each  counoiHo  fur- 
year,  upon  the  election  of  Street  Commissioner,  it  shall mates- 
be  the  duty  of  the  City  Council  to  furnish  the  Commis- 
sioner with  an  estimate  of  the  probable  amount  of 
money  which  will  be  during  such  year  subject  to  appro- 
priation for  road  purposes,  beyond  which  estimate  the 
Street  Commissioner  shall  in  no  event  incur  liability  on  Limit  on  his 

power. 

the  part  of  the  city,  for  or  on  account  ot  road  work 
done  under  his  direction. 

Sec.  3.  The  Street  Commissioner  shall  in  no  case  certmcateT^c 
issue  any  certificate,  or  other  e vidence  of  liability,  bind- 
ing, or  purporting  to  bind  the  city,  for  or  on  account  of 
any  road  work  done  by  his  direction,  under  a penalty 
of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  any  violation  of  this  provision. 

Sec.  4.  At  each  and  every  regular  meeting  of  the  i>uty  ^ report. 
City  Council  during  the  year,  the  Street  Commissioner 
shall  make  a report  of  his  doings,  which  report  shall 
specially  state  the  amount  of  money  expended  by  him, 
or  for  the  expenditure  of  which  the  city  has  become 
liable,  by  reason  of  any  labor  upon  the  streets,  alleys, 
etc.,  under  his  direction,  which  report  shall  also  show — 

1st.  The  name  of  each  person  so  employed  by  him.  what  report 

2d.  The  time  which  each  person  performed  labor. 

3d.  The  amount  due  to  each  person  for  such  labor. 

4th.  Upon  what  street  or  alley  the  labor  of  such  per- 
son was  performed. 

The  indebtedness  so  created  in  favor  of  the  several 
persons  who  have  so  performed  labor,  shall  be  paid  out 
of  the  Hoad  Fund,  by  order  of  the  Council,  to  the  per- 
sons aforesaid,  the  Treasurer  taking  a receipt  therefor. 

Sec.  5.  No  money  shall  be  expended  out  of  the  out  of  what 
general  treasury  for  improvements  or  labor  upon  thetobema(ieCnt 
streets  and  alleys,  until  all  the  collectable  street  tax  has 


CITY  ORDINANCES. 


[CHAP.  77. 


Who  liable  to 
labor  on  streets. 


Commutation. 


Penalty,  &c. 


Who  liable  to 
work. 


General  notice. 


Failure  to  ap- 
pear. 


254 

been  collected  and  expended,  without  a special  order  of 
the  Council,  directing  the  improvement  and  expendi- 
ture for  which  such  payment  out  of  the  general  treas- 
ury is  made. 

Sec.  6.  Be  it  further  enacted , that  every  male  in- 
habitant of  the  city  of  Davenport,  over  twenty-one 
years  of  age  and  under  the  age  of  fifty  years,  is  hereby 
required  to  labor  three  days  in  each  year  upon  the 
streets  and  alleys  of  the  city,  at  such  time  and  place, 
and  in  such  manner  as  the  Street  Commissioner  shall 
direct ; but  any  person  may,  at  his  option,  pay  at  the 
rate  of  83-J-  cents  per  day,  for  every  day  he  shall  be  so 
bound  to  labor,  providing  such  payment  be  made  on  or 
before  the  first  day  of  the  three  days  upon  which  he 
may  be  notified  by  said  Commissioner  to  labor.  And 
in  default  of  payment,  as  aforesaid,  the  sum  of  three 
dollars  may  be  collected  of  such  person,  with  costs  and 
penalty. 

Sec.  7.  All  persons  who  shall  reside  in  the  city  at 
any  time  for  thirty  successive  days,  shall  be  deemed 
liable  to  pay  the  road  tax  provided  for  herein,  unless  he 
has  already  paid  a road  poll  tax  for  the  same  year  in 
some  district  where  he  was  at  the  time  a resident,  and 
exhibit  a receipt  from  the  proper  officer  to  that  effect. 

For  the  purpose  of  enabling  the  Street  Commissioner 
to  carry  out  the  provisions  of  this  ordinance,  he  is 
hereby  authorized  and  required  to  publish,  or  cause  to 
be  published,  in  the  official  or  some  other  newspaper  of 
the  city,  a general  notice,  to  all  persons  liable  to  pay 
poll  tax,  that  their  services  are  required  to  perform  la- 
bor on  the  streets  or  alleys,  at  such  place  or  places  as  he 
may  designate,  within  the  next  ten  (10)  days  from  the 
date  of  publication  of  said  notice,  during  which  time 
they  may  appear  in  person  or  substitute.  In  case  they 
should  fail  so  to  appear  within  the  time  mentioned,  as 
aforesaid,  those  who  are  delinquent  are  required  to  call 
upon  the  Collector  of  the  city,  and  pay  him  the  sum  of 
two  dollars  and  fifty  cents  in  cash,  otherwise  they  will 
be  liable  to  pay  the  sum  of  three  dollars  and  costs,  and 


ROAD  POLL-TAX,  ETC. 


CHAP.  77.] 


255 


one  dollar  for  each  day  they  are  delinquent,  and  to  be 
sued  for  the  same. 

Said  notice  may  be  in  this  form,  to-wit : 


STREET  NOTICE. 

Street  Commissioner’s  Office,  ) 

City  of  Davenport.  j 

Each  male  inhabitant  of  the  city  of  Davenport  over  1f™e°fgeneral 
21  years  of  age  and  under  50  years  of  age,  is  hereby 
notified  that  he  is  required,  within  ten  days  from  this 
date,  to  report  himself  to  the  Street  Commissioner,  or 
send  a substitute  to  labor  upon  the  streets  and  alleys  in 
the  said  city  for  the  space  of  three  days,  at  such  place  or 
places  as  the  Street  Commissioner  may  designate,  and  in 
default  thereof  he  is  liable  to  pay  the  sum  of  three  dollars 
and  costs,  and  one  dollar  per  day  for  each  and  every  day, 
not  exceeding  ten  days,  he  shall  fail,  neglect  or  refuse 
to  comply  with  this  notice. 

Dated  the  ....  day  of , 186 . . 

Street  Commissioner. 

No  personal  demand  or  notice  is  necessary.  And  the  No  personal  de- 
city shall  recover  in  any  suit  instituted  under  this  ordi- 
nance if  it  shows,  1st,  That  the  defendant  is  a male  in- Suit  *7  city- 
habitant  of  the  city ; 2d,  That  the  general  notice  re- 
quired by  section  seven  (7)  of  this  ordinance  was  pub- 
lished ; 3d,  That  the  defendant  did  not,  as  therein 
required,  report  to  and  notify  the  Commissioner  that  he 
was  ready  for  work,  or  if  he  did  not  work  when  and  as 
required  by  this  ordinance  and  the  said  Commissioner. 

If  the  defendant  is  over  or  under  the  required  age,  this  when  it  may 
is  a defense  he  must  establish.  No  technicality  or  in- 
formality shall  defeat  the  action  of  the  city.  And  the  Penalty,  &c. 
delinquent  is  liable  for  the  three  dollars,  and  for  costs 
and  for  penalty  at  the  rate  of  one  dollar  per  day  for 
each  day’s  delinquency,  not  however  exceeding  in  all  ten 
days. 

Sec.  8.  It  shall  be  the  duty  of  the  Street  Commis-Listofdciin- 
sioner,  as  soon  as  practicable  after  the  expiration  of  time  quents 


CITY  ORDINANCES. 


[CHAP.  77. 


256 

mentioned  in  the  notice  specified  in  the  last  section,  to 
make  two  lists  of  all  delinquents,  one  of  which  lists 
shall  be  handed  to  the  City  Collector  ; the  other  list  the 
publication  of.  Street  Commissioner  shall  cause  to  be  published  in  one 
or  more  of  the  daily  newspapers  of  the  city,  one  or 
more  times.  Said  notice  may  be  in  the  following  form, 
and  no  misprint  or  mistakes  in  the  name  of  the  delin- 
quent shall  effect  the  validity  of  said  notice. 

STREET  TAX. NOTICE  TO  DELINQUENTS. 

Street  Commissioner’s  Office,  ) 
City  of  Davenjport.  j 

£°deiinquentce  Notice  is  hereby  given  that  suits  will  be  commenced 
against  the  persons  hereinafter  named,  for  the  street 
tax  due  from  them,  and  the  penalty,  unless  the  sum  of 
two  dollars  and  fifty  cents  be  paid  to  the  City  Collector 
on  or  before  the  . . . day  of 

[Here  insert  the  names  of  delinquents  as  accurately  as  possible.] 

Dated  this  . . . day  of 186  . 


Penalty  if  party 
neither  works 
or  pays. 


Street  Commissioner. 

All  persons  who  neglect  or  refuse  to  make  such  pay- 
ment shall  pay  three  dollars  and  the  costs  of  adver- 
tising, and  all  other  costs,  and  shall  also  forfeit  and 
pay  the  sum  of  one  dollar  per  day  for  each  day  not  ex- 
ceeding ten  days,  which  they  have  so  neglected,  failed, 
or  refused  to  work  upon  the  road  after  the  notice  given, 
which  is  required  by  section  7 of  this  ordinance. 

The  names  of  all  persons  who  shall  fail  to  labor  or  to 
pay,  shall,  from  time  to  time,  be  given  by  the  Street 
duty  Attorney’s  Commissioner  to  the  City  Attorney,  and  it  shall  be  his 
duty  faithfully  and  diligently  to  prosecute  all  persons 
who  shall  subject  themselves  to  suit  under  the  pro- 
visions hereof.  The  complaint  for  a violation  of  this 
ordinance  may  be  in  the  following  form : 

State  of  Iowa, 


Form  of  com- 
plaint. 


City  of  Davenport,  plaintiff, 


vs. 


Defendant. 


Before  Police  Magis- 
trate of  said  city,  (or 
Mayor,  as  case  may 
be.) 


CHAP.  77.]  ROAD  POLL-TAX,  ETC.  257 

The  said  plaintiff  alleges  that  the  said  defendant  is  a 
male  inhabitant  of  said  said  city  over  the  age  of  twenty- 
one  years,  and  liable  by  the  charter  and  ordinances  of 
said  city  to  labor  on  the  streets  and  alleys  of  said  city 
three  days  in  each  year  ; that  the  Street  Commissioner 
of  said  city  has  duly  published,  for  the  present  year,  a 
notice  to  all  persons  liable  to  do  so,  to  appear  and  labor 
on  said  streets  and  alleys  ; that  the  defendant  foiled  to 
appear  and  labor  as  required,  or  to  send  a substitute  ; 
that  the  time  limited  in  said  notice  in  which  it  was  de- 
fendant’s duty  to  have  appeared  and  labored,  or  to 
have  sent  a substitute  as  aforesaid,  expired  on  the  . . . 

day  of A.  D.  186  . By  means  of  the  premises 

aforesaid,  the  defendant  is  liable  to  pay  to  the  city  of 
Davenport  the  sum  of  three  dollars,  also  costs,  and  also 
one  dollar  per  day  for  the  space  of  . . days,  to  which 
the  defendant  is  liable  in  consequence  of  failing  to 
comply  with  the  said  notice  of  the  Street  Commissioner, 
and  to  perform  labor  upon  the  streets  and  alleys  of  said 
city ; for  all  which  the  city  prays  a judgment  against 
the  defendant. 

City  Attorney. 

If  the  city  recovers  judgment,  execution  shall  issue 
and  may  be  levied  upon  any  property  whether  exempt 
from  execution  in  ordinary  cases  or  not.  The  officer 
having  the  writ  must  first  seize  property  not  exempt,  if 
it  can  be  found. 

Sec.  9.  It  shall  be  the  duty  of  the  City  Clerk,  un- 
der the  direction  of  the  Committee  on  Finance,  to  cause 
to  be  printed  appropriate  receipts  and  notices  for  the 
Street  Commissioner  and  Collector.  And  it  shall  be 
the  further  duty  of  the  Clerk  to  furnish  the  Street 
Commissioner  a list  of  all  persons  in  said  city  required 
by  this  ordinance  to  perform  labor  upon  the  streets  and 
alleys  therein. 

Sec.  10.  The  Street  Commissioner  shall  issue  re- 
ceipts to  all  persons  who  shall  faithfully  labor  upon  the 
streets  and  alleys  under  his  direction,  for  three  davs, 
33 


Execution. 


Duty  of  Clerk. 


Receipts  to  bo 
printed  and  lists 
furnished. 


Receipts  of 
Commissioner 
for  work,  but 
not  for  money. 


CITY  ORDINANCES. 


[CHAPS.  77,  78. 


258 

his  receipt  in  full  for  labor  upon  the  streets  and  alleys ; 
provided,  that  the  Street  Commissioner  shall  receipt  to 
no  person  for  money  in  lieu  for  labor,  under  the  penalty 
of  ten  dollars  for  any  violation  of  this  proviso, 
city  collector  Jt  shall  be  the  duty  of  the  City  Collector,  upon  the 
money.  payment  of  the  aforesaid  sum,  in  accordance  with  the 
notice,  to  any  person  required  to  labor  upon  the  streets 
and  alleys,  as  aforesaid,  to  issue  to  such  person  a re- 
ceipt for  the  same,  specifying  it  to  be  in  full  satisfac- 
tion for  all  labor  due  from  such  individual  upon  the 
streets  and  alleys  for  the  year  for  which  such  payment 
is  made,  which  receipt  shall  be  a full  discharge  to  such 
person  for  all  the  labor  due  from  such  individual  upon 
the  streets  and  alleys  for  the  year  mentioned  in  said 
receipt. 

And  it  shall  be  the  duty  of  the  City  Collector  to  open 
an  account  with  the  road  fund,  and  to  carry  all  moneys 
received  by  him  upon  that  account,  to  the  credit  of  such 
fund,  and  to  specify  therein  the  persons  from  whom 
such  money  is  received.  And  it  shall  be  the  further 
duty  of  said  Collector  to  pay  over  such  funds  to  the 
City  Treasurer  and  take  his  receipt  for  the  same,  and 
said  Treasurer  to  keep  the  same  as  a distinct  and  sepa- 
rate fund. 

Passed  and  approved  September  25,  1866. 

[Note. — This  ordinance  is  clearly  warranted  by  the  provisions  of  the  City 
Charter  (Art.  8 and  amendments  thereto)  which  give  the  city  power  “ to  provide 
for  the  collection”  of  this  tax  “by  ordinance.”  The  Charter  fixes  the  penalty  for 
failure  to  work  when  notified.  The  above  ordinance  repeals  the  ordinance  of 
April  20, 1859,  giving  the  party  the  right  to  work  in  his  own  ward.  He  must  now 
work  as  directed  by  the  Street  Commissioner. 

Power  given  by  Charter  to  levy  road  poll  taxes  and  pass  ordinances  to  enforce. 
See  ante,  pp.  51,  53. 


CHAPTER  LXXVIII. 

A N O RDINANCE  to  amend  an  ordinance  providing 
for  tlie  appointment  and  election  of  o fleers  by  the 
Council  of  the  city  of  Davenport. 

Section  1.  That  whenever  the  City  Council  shall 


CHAPS.  78,  79  ] 


LOAN  OF  $200,000. 


259 

fail  to  appoint  or  elect  an  officer  on  the  day  provided  Election  ofosi- 

~ - 1 cere,  when? 

for  such  election  or  appointment,  the  Council  shall  have 
the  power  to  appoint  and  elect  such  officers  at  any  sub- 
sequent regular  meeting  of  the  Council. 

Sec.  2.  This  ordinance  shall  take  effiect  from  and 
after  its  publication  according  to  law. 

Note. — As  to  vacancies,  see  Chap  10G. 


CHAPTER  LXXIX. 

AN  ORDINANCE  providing  for  a loan  of  two  hun- 
dred thousand  dollars. 

Section  1.  Whereas,  at  a regular  meeting  of  the  Preamble- 
City  Council  of  the  city  of  Davenport,  held  on  Wed- 
nesday, the  sixth  day  of  May,  A.  D.  1857,  the  follow- 
ing, among  other  proceedings,  were  had,  to-wit : 

The  majority  report  of  the  committee  to  whom  was 
referred  the  resolutions  to  raise  money  by  loan,  was 
read,  and  on  motion  of  Aid.  Guy,  the  report  adopted. 

The  committee  to  whom  was  referred  the  preamble 
and  resolutions  offered  by  Aid.  Barrows,  having  dis- 
charged the  duties  assigned  them,  beg  leave  to  offer  the 
following  substitute : 

Whereas,  It  is  deemed  necessarry  by  the  City  Coun- 
cil of  the  city  of  Davenport,  that  said  city  should  be 
provided  with  a city  hospital,  to  cost  about  $15,000,  a 
city  hall  to  cost  about  $35,000,  and  whereas,  it  is 
deemed  necessary  to  raise  by  loan  not  less  than  $50,000, 
in  addition  to  the  amount  already  appropriated,  and  not 
yet  expended,  for  the  purpose  of  supplying  the  city 
with  pure  water,  and  whereas,  it  is  deemed  necessary 
by  the  City  Council  to  raise  by  loan  not  less  that  $100- 
000,  for  grading,  guttering  and  otherwise  improving  the 
streets  of  the  city ; therefore  be  it 

Resolved , That  on  the  16tli  day  of  May,  A.  D.  1857,  Kesoiution. 
polls  shall  be  opened  in  the  different  wards  of  the  city, 
for  the  purpose  of  submitting  the  following  question  : 


[CIIAP.  79. 


260 


CITY  ORDINANCES. 


Whether  the  City  Council  shall  be  authorize  to  raise 
by  loan  the  sum  of  $200,000,  for  the  purpose  of  pur- 
chasing a city  hospital  and  city  hall,  for  the  erection  of 
suitable  water  works,  and  for  the  general  improvement 
of  the  streets. 

The  question  shall  be  voted  upon  in  the  following 
manner : 

Those  in  favor  of  the  loan  shall  vote  “ for  the  loan,” 
those  opposed,  u against  the  loan.” 

Polls  to  be  opened  at  9 o’clock,  A.  M.,  and  close  at 
6 o’clock,  P.  M.  The  places  of  holding  said  election 
shall  be  as  follows  : 


[Here  follows  list  of  places  and  of  the  J udges  of  the 
election.] 


The  Judges  of  said  election  shall  canvass  the  votes  so 
cast,  make  a certificate  of  the  result  thereof,  and  return 
the  same  under  seal  to  the  City  Council  at  its  next  reg- 
ular meeting  thereafter. 

If  said  loan  shall  be  approved  by  a majority  of  the 
voters  at  said  election,  the  City  Council  shall  immedi- 
ately proceed  by  ordinance  to  authorize  the  Mayor  to 
issue  bonds  for  the  sum  so  voted,  the  bonds  to  be  nego- 
tiated as  fast  as  they  may  be  needed  for  the  before 
mentioned  purposes,  the  said  bonds  shall  be  each  for  the 
sum  of  $500,  signed  by  the  Mayor  and  Clerk,  payable, 
the  principal  at  the  expiration  of  twenty  years,  and  the 
interest  thereon  semi-annually,  interest  and  principal 
payable  in  the  city  of  Hew  York. 

Provided , that  said  ordinance  shall  so  provide  that  no 
bonds  shall  be  sold  for  less  than  the  par  value  thereof, 
and  shall  bear  interest  at  a rate  not  exceeding  ten  per 
cent,  per  annum. 


(Signed,) 


J.  IT.  Sears  ) 
John  Forrest,  f 


Committee. 


And  whereas,  in  accordance  with  the  provisions  of 
said  resolution,  there  was,  on  the  16th  day  of  May,  A. 
I).,  1857,  an  election  held  in  the  several  wards  of  said 
city,  and  as  it  appears  by  the  certificates  of  the  Judges 
thereof,  there  were  in  all  in  said  election  eight  hundred 


CHAP.  T9.] 


LOAN  OF  $200,000. 


261 

and  seventeen  (817)  votes,  of  which  whole  number  there 
were  cast  “ for  the  loan,”  six  hundred  and  seventy-four 
votes,  and  “ against  the  loan,”  one  hundred  and  fifty- 
three  votes,  being  a majority  for  said  loan  of  five  hun- 
dred and  thirty-one  votes  therefor. 

Sec.  2.  Be  it  further  enacted , that  the  Mayor  of  said  Bonds, 
city  be  and  is  hereby  authorized  to  prepare,  or  cause  to 
be  prepared,  bonds  of  the  city  of  Davenport,  each  for 
the  sum  of  five  hundred  dollars,  and  in  all  to  the  amount 
of  the  aforesaid  sum  of  two  hundred  thousand  dollars, 
the  same  to  be  signed  by  the  Mayor  and  Clerk  of  said 
city,  and  sealed  with  the  seal  thereof,  payable,  the  prin- 
cipal at  the  expiration  of  twenty  years  from  the  time 
when  the  same  shall  be  issued,  and  the  interest  (which 
shall  not  exceed  ten  per  cent,  per  annum)  semi-annually. 

To  said  bonds  shall  be  attached  coupons  for  the  interest 
as  aforesaid,  which,  with  the  said  principal  sum  of  two 
hundred  thousand  dollars,  shall  be  payable  in  the  city 
of  Hew  York. 

Sec.  8.  Be  it  further  enacted , that  the  Mayor  of  gale  of  bonds, 
said  city,  or  his  successor  in  office,  shall,  whenever  from 
time  to  time  the  aforesaid  sum,  or  any  part  thereof,  is 
or  shall  be  required  for  the  uses  and  purposes  hereinbe- 
fore mentioned,  negotiate  and  dispose  of  the  bonds  so 
prepared,  provided , however , that  in  no  case  shall  said 
bonds,  or  any  part  thereof,  be  sold  at  a less  sum  than 
the  par  value  thereof. 

. Sec.  4.  The  faith  of  the  city  of  Davenport  is  hereby  Duty  of  city, 
pledged  for  the  payment  of  said  principal  sum  of  two 
hundred  thousand,  dollars,  and  the  interest  thereon,  as 
hereinbefore  provided,  for  which  payments,  both  of  the 
principal  sum  and  interest  thereon,  it  shall  be  the  duty 
of  the  City  Council  to  provide,  and  if  at  any  time,  from 
the  ordinary  sources  of  revenue,  sufficient  funds  for  the 
payment  of  said  interest,  as  the  same  becomes  due,  or 
any  part  thereof,  or  for  said  principal  sum  as  the  same 
becomes  due,  or  any  part  thereof,  shall  not  be  received, 
then  it  shall  be  the  duty  of  the  City  Council  of  said  city 


CITY  ORDINANCES. 


[CHAI\  SO. 


Width  of  side- 
walks. 


Width  of  cer- 
tain sidewalks. 


262 

to  levy  a special  tax  for  the  purposes  aforesaid,  upon  the 
taxable  property  of  said  city. 


CHAPTER  LXXX. 


AN  ORDINANCE  to  widen  the  sidewalk  on  the  north 

side  of  Front  street , between  Brady  and  Harrison 

streets , and  for  other  purposes. 

Section  1.  The  sidewalk  on  the  north  side  of  Front 
street,  between  Brady  and  Harrison  streets,  is  estab- 
lished at  sixteen  feet  in  width  instead  of  twelve  feet. 

Passed  and  approved  May  25,  1857. 

Sec  1.  The  sidewalk  on  the  north  side  of  Second 
street,  between  Harrison  and  Ripley  streets,  is  estab- 
lished at  fourteen  feet  in  width. 

Passed  and  approved  August  26,  1857. 

Sec.  1.  The  sidewalks  on  each  side  of  Harrison 
street,  north  of  Eighth,  be  and  the  same  are  hereby 
established  at  ten  feet  in  width. 

Sec.  2.  That  the  gutters  on  each  side  of  Harrison 
street,  south  of  Eight  street,  be  laid  down  eight  feet  in 
width  instead  of  six  feet  in  width,  as  now  provided. 

Sec.  1.  The  sidewalk  on  the  south  side  of  Second 
street,  between  Ripley  and  Perry  streets,  be,  and  the 
sidewalk  on  the  north  side  of  said  Second  street,  be- 
tween Main  and  Perry,  be,  and  they  are  hereby  estab- 
lished at  fourteen  feet  in  width. 

Passed  and  approved  September  9,  1857. 

Sec.  1.  That  the  sidewalks  on  the  east  of  Main,  be- 
tween Third  and  Fourth  streets,  and  on  the  south  side 
of  Fourth,  between  Main  and  Brady,  be  and  they  are 
hereby  established  at  fourteen  feet  in  width. 

Passed  and  approved  September  23, 1857. 


CHAPS.  81,  82,  83.] 


VACATE  ROADS. 


263 


CHAPTER  LXXXI. 

AN  ORDINANCE  providing  for  the  collection  of  the 
tax  for  macadamizing  apart  of  Perry  street. 

[Omitted  because  of  no  general  application.] 

Passed  and  approved  September  16,  1857. 


CHAPTER  LXXXII. 

AN  ORDINANCE  to  vacate  certain  roads  in  Mitch- 
elVs  Additions  to  the  city  of  Davenport. 

Section  1.  That  the  public  roads  formerly  laid  outv 
from  the  west  end  of  Sixth  street  to  the  western  bound- 
ary line  of  the  original  town  of  Davenport,  and  run- 
ning up  the  bluff  near  G.  C.  R.  Mitchell’s  present  resi- 
dence, be  and  the  same  are  hereby  vacated  so  far  as  said 
roads  run  through  blocks  X o.  12, 15,  20  and  21  of  said 
Mitchell’s  second  and  third  additions  to  the  city  of 
Davenport,  and  that  the  public  road  known  and  com- 
monly called  the  Telegraph  Road,  be  and  the  same  is 
hereby  vacated  so  far  as  the  same  runs  through  blocks 
19,  20  and  21,  of  Mitchell’s  said  third  addition  to  the 
city  of  Davenport. 

Passed  and  approved  October  7,  1857 


CHAPTER  LXXXIII. 

AN  ORDINANCE  permitting  lowrey , Thomas  cf* 
Co.  to  construct  a switch  and  side  track , to  connect  the 
M.  de  M.  Railroad  with  certain  lots. 


[Omitted  because  of  no  general  interest.] 


264 


CITY  ORDINANCES. 


[CHAP.  84. 


CHAPTER  LXXXIV. 

AN  ORDINANCE  to  improve  and  preserve  the  navi- 
gation of  the  Mississippi  River  within  the  limits  of 
the  city , and  relating  to  the  public  landing  in  said  city 
and  for  other  purposes. 

Be  it  enacted  by  the  City  Council  of  the  city  of  Dav- 
enport : 


STEAMBOAT  LANDING  DEFINED. 


steamboat  land-  Section  1.  All  the  public  landing  embraced  between 
Rock  Island  street  on  the  east,  and  Harrison  street  on 
the  west,  shall  he  kept  exclusively  for  the  use  of  steam- 
boats and  barges  ; and  no  raft  shall  he  allowed  to  make 
use  of  such  part  of  said  landing.  Xo  steamboat  shall 
he  allowed  to  land  at  any  other  place  within  the  limits 
of  the  city  of  Davenport,  and  no  barge  shall  be  allowed 
to  land  at  any  other  place  within  the  limits  of  the  city 
of  Davenport. 

RAFT,  <fcC.,  LANDING. 

Sgfandwhaarfd  Sec.  2.  All  the  public  landing  between  Harrison 
and  Warren  streets,  and  between  the  railroad  bridge 
and  Rock  Island  street,  is  hereby  designated  and  set 
apart  as  a public  wharf  for  the  landing  of  rafts,  flat- 
boats,  and  other  articles  and  water  craft ; and  the 
Wharf  Master  shall,  as  hereinafter  directed,  cause  the 
space  hereinbefore  specified,  or  so  much,  or  such  part 
thereof  as  may  be  necessary,  to  be  put  into  suitable 
condition  for  the  landing  of  rafts,  flatboats  and  other 
articles  and  water  craft ; and  all  such  rafts,  boats  and 
water  craft  shall  land  within  the  limits  aforesaid  and  at 
the  places  thus  prepared  and  designated  bv  the  Wharf 
Master,  and  not  elsewhere. 

wharfag7ade  ^ steamboats,  other  boats  or  rafts  shall,  contrary  to 
this  ordinance,  land  elsewhere  than  as  herein  pre- 
scribed, they  are  nevertheless  liable  to  pay  wharfage 
according  to  the  terms  of  this  ordinance.  (See  Sec.  14.) 


CHAP.  S4.]  NAVIGATION  OF  THE  MISSISSIPPI,  ETC. 


265 

Sec.  3.  Upon  the  landing,  mooring  or  securing,  of  Sister*"  Wharf 
any  boat,  water  craft,  raft,  logs,  lumber,  stone,  or  other 
materials,  between  the  points  above  designated,  except 
as  above  provided,  it,  shall  be  the  duty  of  the  wharf 
master  to  cause  a notice  of  removal  of  the  same,  to  be 
served  on  the  person  or  persons  so  landing  such  craft  or 
materials. 

Sec.  4.  If  no  person  shall  be  found  on  board  of  such  Notice  toper- 

x sons  violating 

craft,  or  materials,  on  whom  to  serve  the  notice  afore- ordinance- 
said,  then  the  wharf  master  shall  cause  the  like  notice, 
in  writing,  to  be  placed  on  or  near  such  craft  or  materials, 
for  the  removal  thereof,  and  if  the  same  is  not  removed 
within  twenty-four  hours  thereafter,  the  wharf  master 
shall  remove  the  same  above  or  below  the  district  afore- 
said, and  the  property,  or  a sufficient  amount  thereof, 
be  sold  to  pay  the  expenses  of  such  removal . Provided , 
however , that  whenever  property  is  so  sold,  the  wharf  ®ale undnotiees 
master  shall  give  at  least  three  days  notice  thereof,  by 
posting  written  notices  of  sale  in  three  or  more  public 
and  conspicuous  places  in  said  city,  stating  the  time  and 
place  of  sale,  and  for  what  reason  sold.  When  sold,  it 
shall  be  at  public  outcry,  to  the  highest  bidder  for  cash, 
and  if  the  amount  received  should  exceed  the  costs  at- 
tending the  advertising,  sale,  and  the  amount  of  the 
tine,  it  shall  lie  paid  into  the  City  Treasury,  and  be 
subject  to  the  order  of  the  owner  thereof. 

Sec.  5.  Xo  person  shall  draw  out,  and  let  remain  Lumber,  &c.- 

x 4 m how  long  to  re- 

On  the  landing,  in  front  of  any  portion  of  the  city,  for  ™ai^  Sce 
a longer  time  than  herein  allowed,  any  lumber,  logs, 
timber,  building  material,  or  any  other  obstructions. 

Sec.  6.  Xo  person  shall  remove  any  gravel,  stone  Gravel,  &e.,  not 

i i t ° . . to  be  removed. 

or  earth,  trom  the  landing  or  hank  ot  the  Mississippi 
.River,  in  front  of  said  city,  and  any  person  violating 
this  provision  shall  pay  a fine  of  not  exceeding  ten  dol- 
lars for  every  load  so  taken. 

Sec.  7.  The  office  of  wharf  master  is  hereby  ere- office  of  wimrf 

. ^ Master  created. 

ated ; who  shall  be  appointed  by  the  Mayor,  by  and 
with  the  consent  of  the  Board  of  Aldermen,  and  he 
shall  hold  his  office  for  one  year. 


CITY  ORDINANCES. 


[CHAP.  84. 


Bond. 


Duties. 


Amount  of 
wharfage. 


266 

Sec.  8.  The  wharf  master  shall,  before  entering 
upon  the  duties  of  his  office,  take  the  oath  and  give  a 
bond,  as  required  of  city  .officers,  and  said  bond  shall 
be  in  the  sum  of  one  thousand  dollars. 

Sec.  9.  It  shall  be  the  duty  of  the  wharf  master  to 
take  entire  charge  of  the  City  wharf  landing,  and  to 
collect  all  wharfage  as  provided  by  this  ordinance.  He 
shall  keep  two  books,  one  of  which  shall  be  ruled,  hav- 
ing separate  columns  for  boats,  rafts,  lumber,  sash, 
shingles,  pickets,  sand,  lime,  posts,  rails,  wood,  and 
miscellaneous  articles,  the  name  of  owner,  the  amount 
of  articles  landed,  the  amount  of  cash  received  for 
wharfage.  The  other  book  shall  be  a cash  and  receipt 
book,  showing  all  cash  received  by  him.  II#  shall,  un- 
der the  direction  of  the  Committee  on  Public  Grounds, 
provide,  at  the  expense  of  the  city,  suitable  posts  and 
ring  bolts  for  boats  and  rafts  to  make  fast  to,  and  keep 
in  repair,  and  shall  charge  the  city  with  the  expense 
thereof.  And  all  articles  brought  to  the  city  and  placed 
on  the  landing  shall  be  placed  where  and  in  such  man- 
ner as  the  wharf  master  shall  direct. 

Sec.  9.  The  following  amounts  shall  be  collected  by 
the  Wharf  Master,  for  the  landing  of  boats  and  for 
wharfage,  on  the  articles  designated  on  landing,  or  on 
any  vehicle  standing  thereon,  to  wit : 

For  every  steamboat,  for  twenty-four  hours  or  less  $2.00 
For  every  flat  boat  lying  at  wharf  twenty-four 

hours  without  discharge  of  cargo, 1.00 

Every  additional  twenty-four  hours  or  less, 50 

For  every  flat-boat  using  wharf  or  landing  one 

year, 3.00 

For  every  1,000  feet  lumber  drawn  out  at  the 

landing, 3 

For  every  1,000  lath,  shingles  or  pickets, 10 

For  each  wagon  load  of  sand, 3 

For  each  barrel  of  lime, 2 

For  each  cord  of  wood,  rails  or  posts, 5 

For  other  articles  not  specified,  per  ton  or  less,  at 
the  discretion  of  the  Committee  on  Grounds, . . 40 


CHAP.  84.]  NAVIGATION  OF  THE  MISSISSIPPI,  ETC. 


267 

And  the  said  wharfage  shall  be  considered  due  and  pay-  when  due 
able  in  advance,  and  any  person  refusing  to  pay  in  ad- 
vance, shall  not  be  permitted  to  use  said  landing. 

Lumber  shall  be  allowed  to  remain  on  the  landing  ten  ^2^ 
days,  and  other  articles  three  days  ; after  which  time  See  alB0  Sec- 5 
owners  or  consignees  failing  to  remove  lumber  or  other 
articles,  on  the  request  of  the  wharf  master,  shall  be 
considered  as  violating  this  ordinance  and  be  subject  to 
the  penalties  provided  in  section  10  of  this  ordinance. 

Sec.  10.  Any  person  who  may  violate  any  provision  Penalt-V- 
of  this  ordinance  shall  forfeit  and  pay  a tine  of  not  les^ 
than  ten,  nor  more  than  one  hundred  dollars,  for  each 
offense. 

Sec.  11.  The  wharf  master  shall  pay  over  to  the  ^arf  Masted 
Treasurer,  every  Saturday,  the  amount  of  money  re- 
ceived during  the  week. 

Sec.  12.  The  wharf  master  shall  receive,  as  com-  compensation 
pensation  for  his  services,  ten  per  cent,  of  all  the 
moneys  collected  by  him. 

Sec.  lffi  The  wharf  master  shall  be  provided  with0ffice- 
a suitable  office,  on  or  near  the  said  landing,  under  the 
direction  of  the  Committee  on  Public  Grounds. 

Sec.  11.  The  Committee  on  Public  Grounds  and  Lease  of  land- 

ing. 

Buildings  are  empowered  to  lease,  until  March  next, 
and  annually  thereafter,  such  portion  of  the  public 
grounds  adjacent  to  the  public  landing,  as  will  not  in- 
terfere with  the  business  of  said  landing. 

Sec.  15.  All  ordinances,  acts,  or  resolutions  of  thep^ivaW 
City  Council,  by  virtue  or  under  pretense  of  which  any 
private  wharves,  landings,  or  docks  have  been  estab- 
lished or  built,  are  hereby  repealed,  and  it  shall  here-  RePeaL 
after  not  be  lawful  for  the  owner  or  owners  of  any  pri- 
vate wharf,  landing,  or  dock,  to  charge,  or  collect,  or 
receive  wharfage  from  any  steamboat,  barges,  or  other 
vessel  or  water  craft.  Any  person  or  company  vio- 
lating this  section  shall  be  liable  for  each  offense  to  the 
penalty  above  provided,  and  boats,  vessels,  rafts,  or 
other  water  craft  landing  aGany  other  place  than  the 


CITY  ORDINANCES. 


L CHAPS.  84,  85,  86. 


Penalty. 


Exception. 


Scales. 


268 

public  wharves,  landings,  or  places  designated  in  this 
ordinance,  shall  nevertheless  be  liable  to  pay  to  the  city 
the  rates  of  wharfage  hereinbefore  designated. 

And  the  owner,  or  master,  or  person  in  charge  of  any 
steamboat  or  other  craft,  or  vessel  or  raft,  who  shall 
cause  or  allow  the  same  to  be  landed  at  any  private 
wharf,  landing  or  dock,  or  at  any  other  place  or  places 
than  those  designated  and  prescribed  in  this  ordinance, 
shall  be  deemed  guilty  of  a violation  thereof,  and  sub- 
ject for  each  offense,  to  the  penalty  prescribed  in  sec- 
tion 10  hereof. 

Provided , however , that  this  ordinance  shall  not  be 
construed  to  prohibit  the  owner  or  master  of  any  boat 
or  craft  from  landing  at  his  own  wharf  or  dock  with 
boats  or  rafts  belonging  to  himself  or  to  the  person  for 
whom  the  master  is  running  or  using  such  boat  or  raft. 

Passed  and  approved  September  24,  1866. 

[Note.— Action  of  Council  as  to  “reserved  landing,”  see  ante , p.  98  ; decision  of 
Supreme  Court  respecting,  see  p.  69. 

As  to  wharves  and  docks  and  power  over  river,  see  pp.  69,  72. 


CHAPTER  LXXXV. 

AN  ORDINANCE  relating  to  lumber  yards  vnthin 
the  fire  limits. 

[Incorporated  in  Chap.  24,  Art.  8.] 


CHAPTER  LX XXVI. 

AN  ORDINANCE  granting  certain privileges  to  W. 
W.  Kennedy. 

Section  1.  That  N . AVr.  Kennedy  shall  have  the 
right  to  establish  and  maintain  a set  of  platform  scales 
of  hay,  coal,  etc.,  on  the  levee,  between  Brady  and 
Main  streets,  at  the  following  place : 

Commencing  forty-six  feet  west  from  the  north-east 


CHAPS.  86,  87,  85.] 


FIRE  DEPARTMENT. 


269 

corner  of  tlie  Levee  Block,  at  the  junction  of  Brady 
and  Front  streets,  thence  west  twenty  (20)  feet,  thence 
south  twenty  (20)  feet,  thence  east  twenty  (20)  feet, 
thence  north  twenty  (20)  feet  to  place  of  beginning. 

Sec.  2.  Said  W.  W.  Kennedy  shall  have  the  right  Term, 
to  occupy  said  premises  with  said  scales  during  the 
pleasure  of  the  City  Council,  but  the  City  Council  shall 
not  deprive  the  said  Kennedy  of  said  right  till  after 
three  months’  notice  in  writing. 

Sec.  3.  Said  Kennedy  shall  pay  into  the  City  Treas-  Pay  to  city, 
ury  the  sum  of  $25  per  annum  for  the  use  of  said 
premises,  payable  annually  in  advance. 

Sec.  4.  Said  W.  W.  Kennedy  shall  be  a public  Public  weigher, 
weigher,  and  shall  be  subject  and  conform  to  the  rules 
and  regulations  contained  in  Chapter  ten  (10)  of  Re- 
vised Ordinances,  and  to  such  rules  and  regulations  as 
the  City  Council  shall  from  time  to  time  appoint.* 

Passed  and  approved  October  28,  1857. 


CHAPTER  LXXXVII. 

AN  ORDINANCE  as  to  numbering  buildings  in  fire 
limits.  (See  Chap.  24.) 


CHAPTER  LXXXVIII. 

AN  ORDINANCE  for  the  formation  and  government 
of  the  fire  department. 

Section  1.  The  Eire  Department  of  said  city  shall  who  compose, 
consist  of  a Chief  Engineer,  two  Assistant  Engineers, 
and  as  many  Fire  Wardens,  Fire  Engine  men,  Hosemen, 

Hook  and  Ladder  men  as  or  may  from  time  to  time  be 
appointed  by  the  City  Council,  as  is  hereinafter  pro- 
vided. The  Aldermen  shall  ex  ojficio  be  Fire  Wardens. f 


* See  ante , Chap.  10. 
t Duties  of  Fire  Wardens,  see  Chap.  21. 


CITY  ORDINANCES. 


[CHAP.  88. 


Election,  Ac. 


Chief  Engineer, 


270 

Sec.  2.  The  nomination  of  the  Chief  Engineer  and 
Assistant  Engineer  shall  he  made  by  the  tiremen  by 
ballot  on  the  first  Saturday  in  May  of  each  year,  and 
the  persons  receiving  the  greatest  number  of  votes  for  the 
respective  offices  shall  be  thereupon  entitled  to  a nomina- 
tion to  the  City  Council  for  appointment  to  such  offices, 
such  appointment  to  continue  for  one  year  or  until  the 
successors  to  each  office  shall  be  nominated,  and  by  the 
City  Council  duly  confirmed.  Public  notice  of  the  time 
and  place  of  each  nomination  shall  be  given  to  the  Eire 
Department  by  the  Chief  Engineer,  through  one  or 
more  newspapers  published  in  the  city  of  Davenport. 
AYhenever  a vacancy  shall  occur  in  either  of  the  offices 
of  Chief  Engineer  or  Assistant  Engineers,  the  Engineer 
and  the  foremen  of  the  Fire  companies  collectively,  shall 
have  power,  and  it  shall  be  their  duty  to  call  a special 
election,  and  designate  the  time  and  place  for  holding 
the  same,  to  the  end,  that  a nomination  pursuant  to  the 
provisions  of  this  ordinance  may  be  made  to  the  City 
Council  to  supply  such  vacancy. 

. Sec.  3.  The  Chief  Engineer  shall  in  all  cases  of  fire 
have  the  sole  and  absolute  command  and  control  over 
all  the  Engineers  and  other  persons  connected  with  the 
Fire  Department. 

It  shall  be  the  duty  of  the  Chief  Engineer  to  direct 
other  Engineers  to  arrange  the  several  fire  engines  in 
the  most  advantageous  manner,  and  to  cause  them  to 
be  duly  worked  for  the  extinguishment  of  fires. 

It  shall  also  be  the  duty  of  the  Chief  Engineer  to  ex- 
amine, twice  in  each  year,  into  the  number  and  condi- 
tion of  all  lire  engines,  hose  carriages,  hose,  and  other 
apparatus  connected  therewith,  and  all  engine  houses, 
and  other  buildings  used  for  housing  fire  apparatus,  and 
report  the  same  to  the  City  Council  once  in  each  year, 
and  oftener,  if  required  by  the  City  Council.  He  shall 
also  report  a list  of  all  the  members  of  the  Fire  Depart- 
ment, and  the  respective  associations  to  which  they 
belong. 

He  shall  also  report  in  writing  an  accurate  list  of 


CHAP.  88.] 


FIRE  DEPARTMENT. 


271 

accidents  by  tire  that  may  take  place  within  the  city, 
with  the  causes  thereof,  and  the  number  and  description 
of  the  buildings  destroyed  or  injured,  together  with  the 
names  of  the  owners  and  occupants. 

Sec.  4.  The  Chief  Engineer  shall  receive  for  his  salary, 
services  such  annual  salary  as  the  City  Council  may 
prescribe ; and  before  entering  upon  the  duties  of  his 
office,  he  shall  take  and  subscribe  an  oath  or  affirmation 
well  and  truly  to  perform  such  duties.  ITe  shall  also 
execute  a bond  in  the  penal  sum  of  live  hundred  dollars, 
with  two  sureties,  to  be  approved  by  the  Mayor,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his 
office. 

Sec.  5.  Whenever  any  vacancy  shall  occur  in  the  Vacancy, 
office  of  the  Chief  Engineer,  it  shall  be  the  duty  of  the 
senior  Assistant  Engineer  to  perform  the  duties  of  the 
office  until  the  vacancy  be  filled.  The  senior  Assistant  Assistant  En- 

^ ...  gineer. 

Engineer  (and  in  his  absence  the  junior  Assistant  Engi- 
neer) shall  exercise  the  duties  of  the  Chief  Engineer  in 
his  absence,  and  in  general  have  control  over  the  Fire 
Department  subordinate  to  him. 

Sec.  6.  Whenever  any  repairs  are  required  to  keep  Repairs, 
the  fire  engines  and  apparatus  in  good  order,  the  Chief 
Engineer  shall  forthwith  report  the  same  to  the  Fire 
Department  committee  of  the  City  Council. 

Sec.  7.  The  Chief  Engineer  shall  report  to  the  City  Report  to 

° x J Council. 

Council,  the  name  of  any  member  of  the  Fire  Depart- 
ment who  is  reported  to  him  by  the  foreman  of  the 
company  of  which  he  is  a member,  to  be  inefficient, 
unfaithful,  intemperate,  or  otherwise  unfit  for  duty, 
and  the  City  Council  may  remove  such  person  at 
pleasure. 

Sec.  8.  The  Fire  Wardens  shall  attend  upon  all  Bre  Wardens, 
fires  occurring  in  the  city,  act  as  special  policemen  in 
guarding  the  property  of  citizens  exposed  by  reason  of 
fires,  and  perform  such  other  duties  as  now  or  may 
hereafter  be  prescribed  by  the  ordinances  of  the  city. 

The  Fire  Wardens  shall  wear  a badge  of  office  upon 


CITY  ORDINANCE! 


[CHAP.  83. 


Duty  of. 


Report  of  fore- 
man. 


Companies. 


Disobedience. 


272 

which  shall  be  inscribed  the  words  “Fire  Wardens, 
and  shall  transfer  them  to  their  successors — said  badge 
to  be  furnished  by  the  city. 

Sec.  9.  It  shall  be  the  duty  of  the  Fire  Wardens  to 
prevent  the  hose  from  being  injured  at  fires,  and  to 
keep  all  idle  and  suspected  persons  at  a proper  distance 
from  the  fire,  and  from  the  vicinity.  All  persons  are 
hereby  enjoined  to  comply  with  the  orders  and  direc- 
tions of  said  Fire  Wardens  in  the  premises.* 

Sec.  10.  The  foreman  of  each  fire  company  shall, 
on  the  first  Monday  of  August,  in  each  year,  make  out 
a report  to  the  Chief  Engineer,  of  the  number,  resi- 
dence and  occupation  of  all  the  members  of  his  com- 
pany, and  also  all  misconduct  of  any  member  of  his 
company. 

Sec.  11.  The  firemen  shall  be  divided  into  compa- 
nies, to  consist  of  as  many  members  as  the  City  Coun- 
cil shall  from  time  to  time  direct,  to  attend  the  fire  en- 
gines, hose  wagons,  and  hooks  and  ladders,  and  it  shall 
be  the  duty  of  the  firemen  as  often  as  any  fire  shall 
break  out  in  the  city,  to  repair  immediately,  upon  the 
alarm,  to  their  respective  engines,  hose  wagons,  hooks 
and  ladders,  and  convey  them  to  or  near  the  place  where 
such  fire  shall  happen,  unless  otherwise  directed  by  the 
Chief  or  other  Engineer,  and  there  in  conformity  with 
the  directions  given  by  the  Chief  Engineer  or  other 
Engineers,  to  work  and  manage  said  engines  or  appa- 
ratus and  implements,  with  all  their  skill  and  power, 
and  when  the  fire  is  extinguished  they  shall  not  remove 
therefrom  but  by  the  direction  of  an  Engineer,  and  on 
such  direction  they  shall  return  their  respective  hose 
wagons,  engines,  hooks  and  ladders,  and  other  appa- 
ratus to  their  several  places  of  deposit. 

Sec.  12.  If  any  Assistant  Engineer,  Foreman,  As- 
sistant Foreman,  or  any  other  fireman  having  charge  of 
any  fire  company,  disobeys  or  refuses  to  obey  any  order 


* Qthor  duties  of  Firo  Wardens  sec  Chap.  21. 


FIRE  DEPARTMENT. 


CHAP.  88.] 


273 


or  direction  of  tlie  Chief  Engineer,  he  may  for  such  of- 
fense be  expelled  from  the  Fire  Department. 

Sec.  13.  It  shall  be  the  duty  of  all  members  of  the  Duties- 
Fire  Department  to  prevent  all  persons  from  loitering 
in  or  about  any  house  belonging  to  the  department. 

Sec.  14.  No  fire  engine,  hook  and  ladder,  or  hose 
cart,  during  any  fire  in  this  city,  or  any  other  place,  or 
any  report  of  fire,  at  any  time,  under  any  pretence 
whatever,  shall  be  taken  or  removed  out  of  its  house, 
unless  the  Foreman  or  Assistant  Foreman,  or  one  of  the 
Engineers,  or  at  least  two  of  the  firemen  of  the  com- 
pany to  which  the  same  belongs,  shall  be  present  and 
consent  thereto,  under  a penalty  of  ten  dollars  for  every 
such  offense,  to  be  forfeited  and  paid  by  and  received 
from  any  and  every  person  aiding  or  assisting  in  such 
act. 

Sec.  15.  Ho  fire  engine,  nor  hook  and  ladder,  nor  sidewalk  pro- 
hose  cart,  shall,  in  going  to  or  returning  from  fires,  or 
at  any  other  time,  be  run,  driven,  wheeled  or  placed 
upon  any  sidewalk,  except  by  the  special  order  of  the 
Engineers,  Foremen  or  Assistant  Foremen  of  companies 
under  a penalty  of  twenty  dollars  for  each  offense,  to 
be  forfeited  and  paid  by  every  person  so  aiding  or 
assisting  in  such  act,  to  be  recovered  by  the  City  At- 
torney, for  the  use  of  the  corporation. 

Sec.  16.  Each  fire  company  shall  have  power  to  Foreman, 
elect  a Foreman  and  Assistant  Foreman,  to  take  charge 
of  each  piece  of  apparatus,  under  rules  and  regulations 
to  be  adopted  by  such  company. 

Sec.  17.  Each  of  said  companies  may  adopt  such  constitution 

. . tip  -i**7-!*  -|  and  rules. 

constitution,  by-laws  and  rules  for  their  regulation  and 
government,  subordinate  to  the  ordinances  of  this  city, 
as  they  may  deem  best  calculated  to  accomplish  the  ob- 
jects of  their  organization,  and  said  companies  may  each 
elect  such  other  officers  besides  Foreman  and  Assistant 
Foreman  as  may  be  required  by  their  constitutions. 

Sec.  18.  The  engines  and  other  apparatus  shall  be  Engine  house, 
kept  in  such  place  as  the  City  Council  shall  provide  and  c‘ 

35 


CITY  ORDINANCES. 


[CHAP.  83. 


Engine  kept  in 
city. 


Removal  and 
destruction  of 
buildings. 


Special  limits. 


Arrests. 


274 

designate,  and  it  shall  be  the  duties  of  the  several  com- 
panies to  keep  the  same  always  in  order  and  ready  for 
immediate  use. 

Sec.  19.  No  company  shall  be  permitted  to  go  with 
their  engines  or  other  fire  apparatus  beyond  the  limits 
of  the  city,  unless  it  be  to  attend  fires  in  adjacent  cities, 
without  the  consent  of  the  City  Council. 

Sec.  20.  The  Engineer  in  command,  or  in  the  ab- 
sence of  both  the  Chief  Engineer  and  his  Assistants, 
the  Mayor  or  any  two  Aldermen  may  direct  the  hook 
and  ladder  men  to  cut  down  and  remove  any  building, 
erection  or  fence  for  the  purpose  of  arresting  the  prog- 
ress of  any  fire,  and  to  the  same  end  the  Engineer,  or 
any  such  person  as  may  be  in  command  at  any  fire,  may 
with  the  advice  and  concurrence  of  two  members  of  the 
City  Council,  blow  up  or  cause  to  be  blown  up  with 
powder  or  otherwise,  any  building  or  erection.* 

Sec.  21.  The  Mayor,  City  Marshal,  Fire  Wardens,  • 
or  such  officers  as  may  be  in  command  of  the  police  at 
any  fire,  may  prescribe  limits  within  which  no  person 
excepting  those  who  reside  therein,  members  of  the 
Fire  Department,  and  those  admitted  by  order  of  the 
Mayor,  Marshal,  or  some  other  officer  of  the  police,  or 
Fire  Wardens,  shall  be  permitted  to  come,  and  it  shall 
be  the  duty  of  the  police  to  aid  in  carrying  out  the  pro- 
visions of  this  section. 

Sec.  22.  At  any  fire,  and  for  twelve  hours  after  its 
extinction,  it  shall  be  lawful  for  the  Chief  Engineer  of 
the  Fire  Department,  or  the  Assistant  Engineer,  or  the 
Foreman  of  any  fire  company,  or  the  Mayor,  or  any 
member  of  the  police,  to  arrest,  without  warrant,  $ny 
suspected  person,  or  any  person  hindering  or  resisting 
such  officer,  or  any  fireman  in  the  discharge  of  his  duty, 


^Destruction  op  Buildings  at  Fire.— Buildings  may  lawfully  be  destroyed 
to  prevent  spread  of  fire.  2 Kent  Com.,  23S  ; 4 T.  Rep.,  790  ; 2 Cart.,  (Ind.),  [35  : 
8 Met.,  462,  465  ; 18  Wend.,  126  ; 1 Zabrisk,  (N.  J.)  248. 

And  the  city  is  not  liable  for  the  value  of  the  building,  unless  made  so  by  stat- 
ute. 8 Met.,  462,  465  ; 5 Cush.,  269  ; 11  Cush.,  433. 

And  the  city  of  Davenport  is  not  so  made  liable. 


CHAP.  88.] 


FIRE  DEPARTMENT. 


275 


or  refusing  to  obey  such  officer,  or  conducting  in  a noisy 
or  disorderly  manner,  and  to  commit  such  person  forth- 
with to  jail,  and  every  such  person  so  committed  shall 
remain  until  discharged  upon  trial  and  hearing  before 
some  court  or  magistrate  of  competent  jurisdiction. 

Sec.  23.  In  all  matters  connected  with  the  extin-  ^Jerofoffl' 
guisliment  of  fire  or  the  protection  of  property,  every 
person  not  a fireman,  who  shall  be  present  at  any  fire 
in  said  city,  shall  be  subject  to  the  orders  of  the  Chief 
Engineer  and  his  Assistant,  the  Mayor,  Fire  Warden, 

Marshal,  and  other  members  of  the  police,  and  in  case 
such  person  shall  refuse  to  obey  such  orders,  he  shall 
forfeit  and  pay  the  sum  of  five  dollars. 

Sec.  24.  It  shall  be  lawful  for  the  Chief  Engineer,  same, 
or  his  Assistant,  or  the  Foreman  of  any  fire  company, 
or  for  any  police  officer,  to  request  the  aid  of  any  dray- 
man, with  his  horse  and  dray,  or  the  driver  of  any 
wagon,  with  his  team  and  wagon,  or  any  citizen,  inhab- 
itant or  bystander,  in  dragging  or  conveying  any  fire 
engine  or  other  fire  apparatus,  and  in  working  and 
using  the  same  while  at  fires,  and  such  driver,  drayman, 
or  teamster  shall  receive  such  compensation  as  the  City 
Council  may  prescribe,  and  in  case  of  refusal  or  neglect 
by  such  person  to  comply  with  such  requisition,  the  of- 
fender shall,  for  every  default  forfeit  and  pay  a penalty 
of  not  less  than  one  dollar  nor  more  than  ten  dollars.* 

Sec.  25.  There  shall  be  two  watchmen  to  attend  the  watchmen  at 

engine  house 

engine  house,  each  to  be  on  duty  twelve  hours  of  each 
day,  whose  salary  shall  be  fixed  by  the  City  Council, 
whose  duty  it  shall  be  to  clean,  burnish  and  oil,  and 
keep  in  order  the  engines,  hose  carts,  hose  and  other 
apparatus,  and  to  act  as  policemen  in  and  about  the 
premises,  and  they  shall  absolutely  refuse  admittance  to 
all  boys  into  said  engine  house,  and  shall  arrest  and 
lock  up  in  the  calaboose  for  trial  all  disorderly  or 
drunken  persons  found  around  such  engine  house.  The 


*See.  24  amended  as  above  printed  October  14, 1865. 


CITY  ORDINANCES. 


[CHAP.  88. 


276 

said  watchman,  after  said  engine  house  shall  have  been 
provided  with  a tire  alarm  bell,  shall,  upon  the  breaking 
out  or  alarm  of  tire,  proceed  at  once  to  give  the  general 
alarm  by  ringing  the  alarm  bell,  under  such  rules  as 
shall  be  prescribed  by  the  City  Council. 

other  °°mpa-  Sec.  26.  There  shall  be  no  tire  company  in  this  city, 
or  any  association  of  firemen  who  are  not  organized  un- 
der this  ordinance  and  subject  to  its  provisions. 

city  council.  Sec.  27.  All  constitutions  or  by-laws  passed  by  any 
fire  company  shall  be  approved  by  the  City  Council. 

Hose  protected.  Sec.  28.  If  any  person  shall  knowingly  or  wilfully 
drive  any  wagon,  cart,  stage,  coach,  or  other  carriage 
or  vehicle,  over,  upon,  or  across  any  engine  hose  or 
other  hose  while  in  use  for  the  extinguishment  of  any 
fire,  or  while  in  use  at  any  annual  or  other  meeting  of 
the  Fire  Department,  or  any  fire  engine  or  hose  com- 
pany, for  inspection  or  exercise,  such  person  or  persons 
so  offending  shall,  for  each  and  every  such  offense,  for- 
feit and  pay  a penalty  of  five  dollars,  unless  permission 
be  granted  by  the  Chief  Engineer,  Assistant  Engineer, 
Foreman  or  Assistant  Foreman. 

Action  by  Arc  Sec.  29.  Each  fire  company  shall  have  power  to 

company.  j.  ^ •*- 

commence  a civil  action  before  the  Police  Magistrate 
or  any  competent  court,  against  any  member  of  the 
company  who  fails  or  refuses  to  pay  the  dues,  fines  and 
penalties  accruing  from  him  to  the  company,  of  which 
he  is  a member,  under  the  constitution  and  by-laws  of 
the  company.  Said  action  may  be  in  the  name  of  the 
foreman  for  the  benefit  of  the  company. 

Duties  of  com-  Sec.  30.  ISTo  foreman  of  any  piece  of  apparatus  con- 

nected with  the  Fire  Department,  in  returning  from 
fires,  alarms  of  fires,  or  from  any  other  place  to  the  en- 
gine house,  shall  permit  the  members  of  his  company 
to  haul  or  draw  their  engines,  hose  carts,  hook  and  lad- 
der carts,  or  other  apparatus,  at  a greater  speed  than  a 
walk,  and  for  each  violation  of  this  section  the  foreman 
of  each  piece  of  apparatus,  so  offending,  shall  forfeit 
and  pay  a fine  of  five  dollars,  to  be  recovered  in  the 


FIRE  DEPARTMENT. 


CHAPS.  88,  89. J 


277 


proper  action  for  the  benefit  of  the  lire  company  of 
which  he  is  a member. 

Sec.  31.  There  shall  be  a general  review  of  the  Fire  Review 
Department,  engines  and  other  fire  apparatus,  by  the 
Mayor  and  Aldermen,  annually,  on  the  third  Wednes- 
day of  May.  It  shall  be  the  duty  of  the  Chief  Engi- 
neer to  appoint  a day  and  piace,  in  the  city,  for  such 
review,  and  give  notice  thereof  to  the  Mayor  and  Ald- 
ermen, and  also  public  notice  to  the  Fire  Department 
through  one  or  more  newspapers. 

On  the  day  appointed  by  the  Chief  Engineer,  it  shall 
be  the  duty  of  all  persons  belonging  to  any  division  of 
the  Fire  Department,  to  appear  at  the  designated  place 
fully  equipped  for  such  reviewing ; and  the  different 
companies  shall  bring  their  respective  engines  and 
other  fire  apparatus.  Any  member  of  the  Fire  Depart- 
ment failing  to  appear,  without  sufficient  excuse,  at  a 
review  appointed  as  aforesaid,  shall  forfeit  and  pay,  for 
the  benefit  of  the  company  to  which  he  belongs,  not 
less  than  one  nor  more  than  five  dollars. 

Sec.  32.  All  ordinances  and  parts  of  ordinances  in 
conflict  with  this  ordinance,  are  hereby  repealed. 

Passed  and  approved  February  3,  1858.* 


CHAPTER  LXXXIX. 

AN  ORDINANCE . 

Section  1.  Immediately  after  the  commencement  of  city  Attorney 
any  action  at  law  or  in  equity  against  the  city  of  Dav-  s£its.notlfled  of 
enport,  it  shall  be  the  duty  of  the  officer  upon  whom 
notice  of  the  commencement  of  said  action  is  served,  to 
notify  the  City  Attorney  of  the  pending  of  such  action. 

Passed  and  approved  February  17,  1858. 


*Fire  Engike.— Contracts  by  city  in  relation  to  the  Fire  Department  are 
within  the  scope  of  its  power,  and  binding.  See  19  Pick.,  485. 


278 


CITY  ORDINANCES. 


[CHAPS.  90,  91. 


CHAPTER  XC. 

AN  ORDINANCE  to  provide  for  a City  Armory. 

city  Armory.  Section  1.  That  the  independent  military  companies 
of  this  city  shall  have  the  right  to  use,  for  the  purpose 
of  military  instruction  and  drill,  such  rooms  as  the 
City  Council  shall  provide,  which  rooms  shall  be  called 
the  city  armory,  and  such  rooms  shall  be  furnished  by 
and  at  the  expense  of  the  companies  so  using  the  same. 

Same-  Sec.  2.  All  military  companies  of  this  city  shall, 

when  not  in  actual  parade,  service,  duty  or  excursion, 
deposit  and  keep  in  said  city  armory  all  muskets,  rifles 
and  guns  used  or  owned  by  said  military  companies. 

Armorer.  Sec.  3.  The  Marshal  of  this  city  shall  be,  ex  officio , 

the  City  Armorer,  and  shall  keep  the  keys  of  such  Ar- 
mory, and  shall  at  all  times  open  the  doors  of  such  Ar- 
mory upon  the  request  of  the  Mayor  of  the  city,  or 
either  of  the  commanding  officers  of  the  military  com- 
panies of  this  city,  except  in  times  of  riot,  and  then  the 
Mayor  alone  shall  have  the  right  to  command  the  open- 
ing or  closing  of  the  city  armory. 

Passed  and  approved  March  3,  1858. 


CHAPTER  XCI. 

AN  ORDINANCE  concerning  lamps  and  lamp  dis- 
tricts. 

Lamp  Districts.  Section  1.  That  the  following  limits,  to-wit:  All 

that  part  of  the  city  situated  within  a distance  of  two 
hundred  feet  of  the  public  lamps,  which  may  be  erected 
in  any  street  or  avenue,  shall  be  deemed  to  be  the  lamp 
district  of  the  division  in  which  the  same  is  situated. 
The  limits  of  said  district  may  be  extended  from  time 
to  time  by  the  extension  of  public  lamps,  by  a resolu- 
tion of  the  City  Council.  Lamps  shall  in  all  cases  be 
placed  at  proper  distances  in  the  districts,  under  the  di- 


CHAP.  91.] 


LAMPS  AND  LAMP  DISTRICTS. 


279 

rection  of  the  Committee  on  Gas  Lights,  appointed  by 
the  City  Council.  When  lamp  districts  are  extended 
the  provisions  of  this  ordinance  shall  apply  thereto. 

Sec.  2.  The  City  Council  shall,  on  being  petitioned  special  tax. 
to  do  so  by  the  owners  of  more  than  half  the  property 
to  be  taxed,  annually  levy  on  the  real  estate  in  the  lamp 
districts,  in  the  same  manner  as  the  general  taxes  are 
assessed,  a sufficient  tax  to  defray  three-fourths  the  ex- 
pense of  erecting  lamps  and  lighting  the  streets  therein. 
Provided , that  all  that  portion  of  such  expense  incurred 
in  erecting  new  lamp  posts  shall  in  each  case  be  equita- 
bly levied  and  assessed  upon  the  real  estate  of  the  block 
opposite  to  the  lamp  post  so  erected  on  the  same  side 
of  the  street.  It  shall  be  the  duty  of  the  City  Clerk 
to  keep  separate  and  accurate  accounts  of  the  expendi- 
tures in  each  district,  and  the  money  collected  therein 
by  tax,  which  shall  be  termed  the  “street  lamp  ac- 
count,” and  whenever  a tax  shall  be  assessed  upon  the 
real  estate  of  any  lamp  district,  or  upon  the  real  estate 
of  the  block  opposite,  where  new  lamp  posts  may  be 
erected,  as  aforesaid,  the  Clerk  shall  rule  appropriate 
columns  in  the  Collector’s  warrant  for  general  taxes,  for 
the  entry  and  collection  thereof,  and  the  same  shall  be 
collected  by  the  Collector  with  the  same  power  as  such 
general  taxes.* 

Sec.  3.  Any  person  who  shall  carelessly  or  mali- Lamp^ posts 
ciously  break,  deface,  or  in  any  way  injure  or  destroy 
any  lamp  or  lamp  post,  in  this  city,  shall  forfeit  the 
penalty  of  ten  dollars  for  each  offense,  together  with 
the  expenses,  cost  and  charges  that  may  be  incurred  in 
repairing  the  injuries  committed,  to  be  recovered  for  the 
use  and  benefit  of  the  treasury. 

Sec.  4.  Any  person  who  shall  climb  upon,  or  hitch  same, 
any  horse  or  any  other  animal  to  any  public  lamp  post, 
or  hang  or  place  any  goods  or  merchandise  thereon,  or 
place  any  goods,  boxes,  wood  or  other  heavy  material 


*Sec.  2 amended  as  above  printed  September  24,  1866. 


CITY  ORDINANCES. 


[CHAPS.  91,  92. 


280 


How  assessed 
and  collected. 


against  the  same,  or  who  shall  extinguish  or  cause  to  he 
extinguished,  or  light  or  cause  to  be  lighted  any  of  said 
lamps,  unless  duly  authorized  to  do  so  by  the  proper 
authorities,  shall  forfeit  and  pay  the  penalty  of  live 
dollars  for  each  offense. 

Sec.  5.  The  assessment  of  taxes  contemplated  in 
this  ordinance  shall  be  made  by  the  City  Assessor,  upon 
all  real  estate  in  the  lamp  district,  in  the  same  manner 
as  the  general  annual  assessment  for  city  taxes  is  made, 
and  said  lamp  taxes  shall  be  levied  and  collected  in  like 
manner. 

Passed  and  approved  March  3,  1858. 


CHAPTER  XCII. 

AN  ORDINANCE  as  to  rules  and  order  of  business. 

Section  1.  That  the  following  shall  be  the  rules  and 
order  of  business  for  the  City  Council  of  this  city : 

MEETINGS  OF  THE  COUNCIL. 

Time  of  regular  Rule  1.  Regular  meetings  of  the  City  Council  shall, 

meetings.  ~ ~ ^ 

from  and  after  December  1st,  1866,  be  held  at  half  past 
seven  o’clock  P.  M.,  on  the  first  and  third  Wednesday 
special  meet-  of  each  month.  Notices  of  special  meetings  shall  be 

ings.  See  ciTitB  ^ 

p.  si.  ’served  by  the  Marshal  on  each  Alderman  personally,  or 
Marshai  to  at-  py  leaving  the  same  at  his  usual  place  of  abode.  The 
and  have  charge  Marshal  shall  have  charge  of  the  Council  room,  and 

of  room.  ° 

give  his  attendance  at  the  meetings  of  the  Council. 

ORDER  OF  BUSINESS. 

Roii  caii.  Rule  2.  At  the  hour  appointed  for  the  meetings, 

the  Clerk  shall  proceed  to  call  the  roll  of  members, 
marking  the  absentees,  and  announce  whether  a quo- 
rum is  present.  If  a quorum  be  present,  the  Council 
Quorum  de-  shall  proceed  to  the  business  before  it.  Seven  mem- 

fined,  * 

bers,  exclusive  of  the  Mayor,  shall  be  necessary  to  con- 


CHAP.  92.]  RULES  AND  ORDER  OF  BUSINESS.  281 

stitute  a quorum ; less  than  a quorum  may  adjourn  and 
compel  the  attendance  of  members. 

The  following  shall  be  the  order  of  business  : 

1st.  The  reading  of  the  minutes  of  the  proceedings^1  of1nlsl 
of  the  last  meeting  or  meetings,  amendment  and  ap- 
proval of  the  same. 

2d.  The  presentation  of  petitions  and  other  commu- 
nications. 

3d.  Reports  of  city  officers. 

4th.  Reports  of  standing  committees. 

5th.  Reports  of  select  committees. 

6tli.  Unfinished  business  of  preceding  meeting. 

7th.  Miscellaneous  resolutions,  motions,  etc. 

Rule  3.  All  questions  relating  to  the  priority  of Nodebate* 
business  shall  be  decided  without  debate. 

DUTIES  AND  PRIVILEGES  OF  THE  PRESIDENT. 

Rule  4.  The  Mayor  shall  preserve  order  and  de-  Mayor  presides 
corum,  and  shall  decide  all  questions  of  order,  subject 
to  an  appeal  to  the  City  Council.  He  shall  have  the  Appeal, 
casting  vote  on  all  questions  upon  which  the  City  CaBtins  vote- 
Council  is  equally  divided,  but  not  otherwise. 

Rule  5.  While  the  Mayor  is  putting  the  question  Decorum, 
no  member  shall  walk  across  or  out  of  the  Council 
room. 

Rule  6.  Every  member,  previous  to  his  speaking,  35S*ed.°  b°  ad 
shall  rise  from  his  seat,  and  address  himself  to  the 
Mayor,  and  say  “Mr.  Mayor,”  but  shall  not  proceed 
with  his  remarks  until  recognized  and  named  by  the 
Chair. 

Rule  7.  When  two  or  more  rise  at  once,  the  Mayor  who  ehaii 

' d speak. 

shall  name  the  member  who  is  first  to  speak. 

DUTIES  AND  PRIVILEGES  OF  MEMBERS. 

Rule  8.  When  a member  wishes  to  present  a com- Leave  to  re- 
munication,  petition  or  report,  he  shall  rise  in  his  place 
and  address  the  Chairman  in  the  usual  form,  and 
having  briefly  stated  the  subject  of  his  communication 
or  report,  ask  leave  to  present  the  same. 

36 


CITY  ORDINANCES. 


[CHAP.  92. 


282 

Limit  on  speak-  Rule  9.  No  member  shall  speak  more  than  twice  on 

ing.  , i 

the  same  general  question,  nor  more  than  once  on  a 
previous  question. 

calling  to  order.  Rule  10.  A member  called  to  order  while  speaking, 
shall  immediately  cease  speaking  and  sit  down,  unless 
permitted  to  explain.  If  there  be  no  appeal,  the  de- 
cision of  the  Chair  shall  be  conclusive ; but,  if  the 
member  appeal  from  the  decision  of  the  Chair,  the 
City  Council  shall  decide  on  the  case  without  debate. 

Decorum.  Rule  11.  While  a member  is  speaking  no  member 

shall  hold  any  private  discourse,  nor  pass  between  the 
speaker  and  the  Chair. 

^ceSptalLc°te’  Rule  12.  Each  member  who  shall  be  present  when 
a question  is  stated  from  the  Chair,  shall  vote  thereon, 
unless  he  is  directly  interested  in  the  question,  in  which 
case  he  shall  not  vote. 

MOTIONS  AND  RESOLUTIONS. 

Motion  to  be  Rule  13.  No  motion  shall  be  put  or  debated  unless 

seconded  and  r 

put  in  writing  r is  seconded.  When  a motion  is  seconded,  it  shall  be 

when  required.  7 

stated  by  the  Mayor  before  debate,  and  every  motion 
shall  be  reduced  to  writing,  if  required  by  the  Mayor 
or  any  Alderman. 

Withdrawal  of  Rule  14.  After  a motion  or  resolution  is  stated  by 
the  Mayor,  it  shall  be  deemed  to  be  in  the  possession 
of  the  City  Council,  but  it  may  be  withdrawn  at  any 
time  before  decision  or  amendment. 

Name  of  Aider-  Rule  15.  In  all  cases  where  a resolution  or  a motion 

men. 

is  entered  on  the  minutes  of  the  City  Council  the  name 
of  the  member  moving  the  same  shall  be  entered  also. 

^quSiracddinlays  Rule  16.  In  all  cases  of  the  adoption,  repeal  or 

aiice?&crdin'  amendment  of  an  ordinance  the  ayes  and  nays  shall  be 
taken  and  entered  on  record.  But  a failure  thus  to 
enter  them  shall  not  invalidate  the  action  of  the  Coun- 
cil. In  all  other  cases,  if  any  member  requires  it,  and 
his  motion  is  seconded,  the  ayes  and  nays  on  any  ques- 
tion shall  be  taken  and  entered  upon  the  minutes  ; but 
the  ayes  and  nays  shall  not  be  taken,  unless  called  for 
previously  to  any  vote  on  the  question.  No  ordinance 


CHAP.  92.]  RULES  AND  ORDER  OF  BUSINESS. 


283 


shall  be  adopted,  or  amended,  or  repealed,  at  the  same  Eight  votes  re- 

. . . A ' quired  to  pass 

meeting  at  which  it  is  introduced,  unless  eight  members  ordinance  at 

* ° . first  meeting, 

of  the  Council  shall  vote  in  favor  of  such  adoption, 
amendment  or  repeal. 

Rule  17.  When  a question  is  under  debate,  the  only  g^er  of  m°- 
motion  in  order  shall  be : 1st.  To  adjourn ; 2d.  The 
previous  question ; 3d.  To  lay  on  the  table ; 4th.  To 
postpone  indefinitely;  5tli.  To  adjourn  to  a certain 
day;  6th.  To  refer;  7th.  To  amend;  and  such  mo- 
tions shall  have  precedence  in  the  order  herein  ar- 
ranged— the  first  three  to  be  decided  without  debate. 

ADJOURNMENT. 


Rule  18.  A motion  to  adjourn  the  City  Council  ^jiontoa(1‘ 
shall  always  be  in  order,  except,  1st.  When  a member 
is  in  possession  of  the  floor ; 2d.  While  the  yeas  and 
nays  are  being  called ; 3d.  When  the  members  are 
voting  ; 4th.  When  adjournment  was  the  last  preceding 
motion ; or  5th.  When  it  has  been  decided  that  the 
previous  question  shall  be  taken. 

Rule  19.  A motion  to  adjourn,  simply,  cannot  be Same>- 
amended  ; but  a motion  to  adjourn  to  a given  time, 
may  be  and  is  open  to  debate. 


PREVIOUS  QUESTION. 

Rule  20.  When  the  previous  question  is  moved  and  Previous  ques- 
put,  it  shall  be  in  this  form  : “ Shall  the  main  question 

be  now  put  ?”  If  this  is  carried,  all  proposed  amend- 
ments, and  all  further  motions  and  debate  shall  be  ex- 
cluded, and  the  question  is  put  without  delay. 


TO  LAY  ON  THE  TABLE. 

Rule  21.  A motion  to  lay  a question  on  the  table,  Motion  to  lay 
simply,  is  not  debatable,  but  a motion  to  lay  on  the  °n  a 
table  and  publish,  or  any  other  condition,  is  subject  to 
amendment  and  debate. 


284 


CITY  ORDINANCES. 


[CHAP.  92. 


Postponement. 


Reference. 


To  amend. 


Same. 


Strike  out  and 
insert. 


Reconsidera- 

tion. 


Same. 


Same . 


Committees— 
how  appointed. 


INDEFINITE  POSTPONEMENT. 

Rule  22.  When  a motion  is  postponed  indefinitely, 
it  shall  not  be  taken  up  again  during  the  same  meeting. 

TO  REFER. 

Rule  23.  A motion  to  refer  to  a standing  committee 
shall  take  precedence  of  a similar  motion  for  a special 
committee. 

TO  AMEND. 

Rule  24.  A motion  to  amend  an  amendment  shall 
he  in  order ; but  to  amend  an  amendment  to  an  amend- 
ment shall  not  be  entertained. 

Rule  25.  An  amendment  modifying  the  intention 
of  a motion  shall  be  in  order ; but  an  amendment  re- 
lating to  a different  subject  shall  not  be  in  order. 

Rule  26.  On  a motion  to  “ strike  out  and  insert,” 
the  paragraph  to  be  amended  shall  first  be  read  as  it 
stands,  the  words  proposed  to  be  struck  out,  and  those 
to  be  inserted,  and  finally,  the  paragraph  as  it  would 
stand  if  so  amended.  (See  Rule  40.) 

RECONSIDERATION. 

Rule  27.  A motion  may  be  reconsidered  at  any 
time  during  the  same  meeting,  or  at  the  first  meeting 
held  thereafter.  A motion  for  a reconsideration  being 
once  made  and  decided  in  the  negative,  shall  not  be 
renewed  before  the  next  meeting. 

Rule  28.  A motion  to  reconsider  must  be  made  and 
seconded  by  members  who  voted  in  the  majority,  or  by 
those  who  were  absent  and  did  not  vote  upon  the  mo- 
tion to  be  reconsidered. 

Rule  29.  No  question  shall  be  reconsidered  more 
than  once,  nor  shall  a vote  to  reconsider  be  reconsid- 
ered. 

COMMITTEES. 

Rule  30.  All  standing  committees  shall  be  ap- 


CHAP.  92.] 


RULES  AND  ORDER  OF  BUSINESS. 


285 

pointed  by  the  Mayor,  and  all  special  committees  shall 
be  appointed  by  the  Mayor,  unless  otherwise  specially 
directed  by  the  City  Council. 

Rule  31.  All  standing  committees  of  the  City  Coun-  ™en  appoint' 
cil  shall  be  appointed  by  the  Mayor  annually,  on 
entering  upon  the  duties  of  his  office ; and  the  first Chairman- 
person  named  shall  be  the  chairman  thereof. 

The  following  shall  be  the  standing  committees  : mutSf  Com 

1.  On  Ordinances. 

2.  On  Finance. 

3.  On  Streets. 

4.  On  Fire  and  Water. 

5.  On  Grades. 

6.  On  Printing. 

7.  On  Police. 

8.  On  Claims. 

9.  On  Gas  Lights. 

10.  On  Public  Buildings  and  Public  Grounds. 

11.  On  Licenses. 

12.  On  Sidewalks. 

Pule  32.  The  standing  committees  of  the  City  Three  members 
Council  shall  consist  of  three  members  each. 

SPECIAL  COMMITTEES. 

Rule  33.  All  special  committees  shall  consist  of  Number  of 
three  members  each,  unless  some  other  number  be  spec-  Suttee! Com" 
ified ; and  the  first  person  named  shall  be  chairman. 

Rule  34.  On  the  acceptance  of  a final  report  from  a Discharge, 
special  committee,  the  said  committee  shall  be  consider- 
ed discharged  without  a vote,  unless  otherwise  ordered. 

JURISDICTION  OF  COMMITTEES. 

Rule  35.  All  matters  relating  exclusively  to  the  street  commit- 
streets  and  alleys,  shall  be  referred  to  the  street  com- 
mittee, unless  otherwise  directed  by  the  Council. 

REPORTS  OF  COMMITTEES. 

Rule  36.  Standing  and  select  committees,  to  whom  Reports. 


CITY  ORDINANCES. 


[CHAP.  92. 


286 

references  are  made,  shall  in  all  cases  report  in  writing 
the  state  of  facts,  with  their  opinion  thereon. 

Requisites  of.  Rule  37.  All  reports  of  committees  shall  be  ad- 
dressed “ To  the  Mayor  and  Aldermen  of  the  city  of 
Davenport,  in  Council  assembled they  shall  briefly 
describe  the  matter  referred,  and  the  conclusion  to  which 
the  committee  have  arrived,  which  conclusion  shall  be 
summed  up  in  the  form  of  an  order,  resolution  or  rec- 
ommendation. 

DUTIES  OF  THE  CLERK  AND  MARSHAL. 

cierk  to  for-  Rule  38.  The  City  Clerk  shall  forward  all  the  pa- 

ward  and  Mar-  J ^ x 

shai  to  deliver  pers  to  the  appropriate  committees  and  officers,  as  early 

papers.  *-  x r r 7 J 

as  the  next  day  after  the  reference  shall  have  been  made ; 
and  it  shall  be  the  duty  of  the  Marshal  to  deliver  them. 

miscellaneous. 

Bins  and  Rule  39.  All  bills  and  claims  against  the  city  shall 

claims.  n . . ° ..  u 

be  reierred  to  some  committee,  and  shall  lie  over  until 
the  next  meeting  of  the  Council,  unless  the  same  shall 
have  been  examined  by  the  appropriate  committee  and 
payment  recommended  by  a majority  of  such  commit- 
tee, in  which  case  bills  and  claims  may  be  passed  and 
allowed,  without  being  referred,  at  the  same  meeting  at 
which  they  are  presented. 

Resolutions  Rule  39^.  Mo  resolution  or  other  action  of  the  City 

and  acts  appro-  „ ..  . , . . . . n 

priating  money.  Council  appropriating  money,  or  involving  the  appro- 
priation of  money,  shall  be  passed  at  the  same  session 
of  the  Council  at  which  it  is  presented,  unless  by  unan- 
imous consent,  but  shall,  unless  such  unanimous  con- 
sent is  had,  be  referred  to  some  appropriate  committee, 
who  shall  report  at  the  next  meeting  of  the  Council. 

Ordinances—  Rule  40.  In  all  proceedings  to  amend  or  change  an 

how  amended,]  orcjinance?  or  section  thereof,  the  proposed  amendment 

shall  contain  the  entire  ordinance,  or  section  thereof,  to 
be  amended  or  changed,  and  the  former  ordinance  or 
section  shall  be  repealed.  In  other  words,  an  ordinance 
or  section  shall  not  be  amended  by  striking  out,  insert- 


CHAPS.  92,  93,  94.]  MEASUREMENT  OF  MASONRY. 


287 

ing  or  adding  words  ; but  the  former  ordinance  or  sec- 
tion (as  the  case  may  be)  shall  be  repealed,  and  the 
new  one,  as  amended,  written  out  in  full  and  substi- 
tuted in  its  place. 

Rule  41.  The  foregoing  rules  may  be  temporarily  change  of 
suspended  by  unanimous  consent  of  all  members  present; 
but  shall  not  be  repealed,  altered  or  amended,  unless  by 
concurrence  of  two-thirds  of  all  the  Aldermen  elected. 

All  acts,  ordinances,  resolutions  and  rules  in  conflict 
with  these  rules  are  hereby  repealed. 

Passed  and  adopted  June  2,  1858.  Amended  Sep- 
tember 24,  1866. 

Passed  and  approved  September  24, 1866  ; and  Rules 
No.  39J  and  40  adopted  November  7,  1866. 

Note.— Charter  gives  Council  power  to  determine  the  rules  for  its  proceedings. 

See  ante , p.  80. 


CHAPTER  XCIII. 

AN  ORDINANCE  relating  to  the  measurement  of 
stone  and  brick  masonry. 

Section  1.  That  all  stone  or  brick  masonry  done  or  Rule  for  meas- 
performed  by  virtue  of  any  contract,  express  or  implied,  rnTity“on°nry 
with  the  city,  shall  be  measured  by  the  actual  amount 
of  work  done,  that  is  to  say,  brick  work  by  the  actual 
number  of  brick,  and  stone  work  by  the  actual  number 
of  feet  in  the  building,  culvert,  or  other  structure,  any 
custom  to  the  contrary  notwithstanding. 

Passed  and  approved  September  24tli,  1866. 


CHAPTER  XCIY. 

AN  ORDINANCE  authorizing  the  erection  of  hay 
scales  on  Harrison  street , bet/ween  Fourteenth  and 
Fifteenth. 

Section  1.  That  William  Renwick,  his  heirs  or  as- 


CITY  ORDINANCES. 


[CHAPS.  94,  95,  86. 


Scales  author- 
ized. 


How  long. 


High  street 
vacated. 


Re-located. 


Alley  vacated. 


288 

signs,  are  hereby  authorized  and  empowered  to  erect  hay 
or  platform  scales  in  front  of  his  office,  on  Harrison 
street,  between  Fourteenth  and  Fifteenth  streets. 

Sec.  2.  Said  hay  or  platform  scales  may  be  kept  on 
said  street  as  long  as  it  does  not  obstruct  or  interfere 
with  the  business  thereof. 

Adopted  November  5, 1862. 


CHAPTER  XCV. 

AN  ORDINANCE  to  vacate  and  re-locate  High  street 
between  Chestnut  and  Grove  streets. 

Section  1.  High  street  as  designated  in  the  plat  of 
the  city  of  Davenport,  between  the  west  line  of  Chest- 
nut street  and  the  west  line  of  Grove  street,  be  and  the 
same  is  hereby  declared  vacant  and  discontinued  as  a 
street. 

Seg.  2.  High  street  be  and  is  hereby  declared  re- 
located on  said  tract  of  land  sixty-eight  and  one-third 
(68-J)  feet  south  of  High  street,  in  accordance  with  plat 
executed  by  W.  D.  Clark,  City  Engineer,  to  be  used 
and  continued  as  a street. 

Passed  and  approved  March  14,  1866.* 


CHAPTER  XCVI. 

AN  ORDINANCE  to  vacate  and  discontinue  a street 
or  alley  in  block  71,  Le  Claire's  5th  Addition. 

Section  1.  Whereas,  The  property  owners  adjoin- 
ing a street,  or  alley,  forty  feet  wide,  running  from 
Iowa  street  to  Le  Claire  street,  on  the  south  side  of 
Market  Place  as  designated  on  plat  of  sub-division  of 


*Note.~ There  was  a preamble  to  this  ordinance  which  is  omitted  in  this  re- 
print. 


CHAPS.  96,  97.] 


CITY  CEMETERY. 


289 

block  seventy-one,  in  Le  Claire’s  Fifth  Addition  to  the 
city  of  Davenport,  have  filed  their  consent  in  writing 
that  the  first  one  hundred  and  sixty  feet  thereof  east 
from  Iowa  street,  be  vacated  and  discontinued  ; There- 
fore, said  one  hundred  and  sixty  feet  east  of  Iowa  street, 
by  forty  feet  wide  of  said  street  or  alley  on  south  ggde 
of  Market  Place,  as  designated  in  said  sub-division  of 
block  seventy-one  as  aforesaid,  be  and  the  same  is 
hereby  declared  to  be  vacated  and  discontinued  as  a 
street  or  alley. 

Sec.  2.  That  the  above  vacation  shall  be  upon  the  Condition- 
express  condition  that  John  J.  Burtis  shall,  at  his  own 
proper  cost  and  expense,  put  down  and  finish,  within 
thirty  days  from  the  passage  hereof,  a plank  sidewalk 
not  less  than  two  inches  thick  by  four  feet  wide,  laid  on 
strong  pieces,  along  the  north  front  of  said  Market 
Place,  from  Iowa  to  Le  Claire  street. 

Passed  and  approved  August  4,  1865. 


CHAPTEK  XCYII. 

AN  ORDINANCE  in  relation  to  the  City  Cemetery 
of  the  city  of  Davenport. 

Section  1.  Any  person  who  shall  trespass  upon  said  cemetery— 

. ...  7 x trespasses  for 

cemetery,  by  destroying,  injuring  or  defacing  any  grave,  wdden. 
vault,  tombstone  or  monument,  or  any  building,  fence, 
tree,  shrub,  flower,  or  anything  belonging  to  said  cem- 
etery, shall  be  deemed  guilty  of  a breach  of  this  ordi- 
nance, and  upon  conviction,  pay  a fine  to  the  city  of 
Davenport  of  not  less  than  one  nor  more  than  one  hun- 
dred dollars,  and  moresoever,  may  be  sued  in  the  name 
of  the  city  for  any  damage  sustained  by  such  trespass. 

Sec.  2.  The  City  Sexton  shall  ex  officio  be  a special  sexton's  duty 
policeman. 

Passed  June  23,  1865. 


290 


CITY  ORDINANCES. 


[CHAPS.  98,  99. 


Road  fund. 


Paying  over 


Not  to  be  di- 
verted. 


License  re- 
quired. 


CHAPTER  XCVIII. 

AN  ORDINANCE  to  appropriate  funds  arising  from 

Weighers ’ certificates , licenses , and  rents  or  incomes 
for  public  grounds  or  buildings. 

Section  1.  That  all  moneys  arising  from  receipts  for 
weighers’  certificates,  licenses,  ancl  rents  or  incomes 
from  public  grounds  or  buildings,  are  hereby  set  apart 
to,  and  shall  be  paid  into  and  constitute  a part  of  the 
road  fund  of  the  city. 

of-  Sec.  2.  It  shall  be  the  duty  of  the  Clerk,  City  Col- 
lector, or  other  person  who  may  legally  receive  monies 
due  the  city  for  weighers’  certificates,  licenses,  and 
rents  and  incomes  for  the  public  grounds  and  buildings, 
to  pay  them  to  the  City  Treasurer  into  the  street  fund, 
and  the  City  Treasurer  shall  receive  and  enter  the  same 
as  road  fund. 

Sec.  3.  Ho  moneys  arising  from  any  of  the  above 
sources  shall  be  appropriated  or  paid  on  any  other  ac- 
count than  city  orders  upon  the  road  fund. 

Sec.  4.  All  ordinances  or  rules  in  contravention  to 
this  ordinance  are  hereby  repealed. 

Passed  and  approved  July  11,  I860. 


CHAPTER  XCIX. 

AN  ORDINANCE  relating  to  persons  commonly 
called  substitute  brokers. 

Section  1.  That  no  substitute  broker  or  brokers 
within  the  city  of  Davenport,  from  and  after  the  pass- 
ing of  this  ordinance,  shall  solicit,  invite,  or  seek  to 
induce  any  man  or  men  to  become  substitutes  for  others 
in  the  military  service  of  the  United  States,  as  volun- 
teers or  otherwise ; nor  shall  such  substitute  broker  or 
brokers,  within  the  city  of  Davenport,  solicit,  invite  or 
seek  to  induce  any  man  or  men,  by  placard,  by  public 


CHAP.  99,  100.] 


WEIGHTS  AND  MEASURES. 


291 

advertisement,  or  by  any  other  means  whatever,  to 
resort  to  them,  to  their  places  of  business,  or  to  any 
place  or  person,  for  the  purpose  of  becoming  substitutes 
or  otherwise  [enlisting  them  into  the  service  of  the 
United  States,  without  having  tirst  obtained  a license 
therefor,  as  hereinafter  provided.  Provided , That Proviso- 

nothing  in  this  ordinance  shall  prevent  any  person  from 
providing  a substitute  for  himself,  nor  shall  prevent  the 
citizens  of  Iowa  from  procuring  such  substitutes  or 
volunteers  through  committees  appointed,  by  such  citi- 
zens to  act  for  them. 

Sec.  2.  The  City  Clerk  is  hereby  authorized  to  issue  Fee, 
licenses  to  substitute  brokers  in  the  city  of  Davenport, 
for  the  term  of  one  year,  upon  the  receipt  from  the  City 
Marshal  for  one  thousand  dollars,  being  produced  to 
him  therefor  by  the  person  asking  for  such  license. 

And  the  Clerk  is  authorized  to  collect  a fee  of  one  dol- 
lar for  issuing  said  license. 

Sec.  3.  No  more  than  one  person  shall  be  author-  only  one  to 

x under  one 

ized^to  act  under  one  license.  license. 

Sec.  I.  Any  person  who  shall  violate  any  provision  Penalty, 
of  this  ordinance,  on  conviction  thereof,  shall  forfeit 
and  pay  a fine  to  the  city  of  Davenport  of  one  hundred 
dollars  for  each  offense. 

Sec  5.  That  the  ordinance  entitled  “An  ordinance  Repeal, 
relating  to  persons  commonly  called  substitute  brokers,” 
passed  and  approved  January  4,  1865,  be  and  hereby  is 
repealed. 

Passed  and  approved  January  12,  1865. 

[Note.— The  validity  of  this  ordinance  admits  of  doubt,  but  it  has  not  been  re- 
pealed ] J.  F.  D. 


CHAPTER  C. 

AN  ORDINANCE  for  the  regulation  of  weights  and 
measures. 


Section  1.  That  hereafter  there  shall  be  a regula- 


CITY  ORDINANCES. 


[CHAP.  100. 


Weights  and 
measures  regu- 
lated. 


Standards. 


Duties  of  In- 
spector and 
Sealer  defined. 


Penalty. 


Corrected  and 
sealed. 


292 

tioii  of  weights  and  measures  within  this  city,  and  the 
standard  adopted  by  the  State  of  Iowa  shall  be  the  test 
by  which  they  shall  be  compared  and  determined. 

Sec.  2.  The  City  Council,  at  the  expense  of  the 
city,  shall  procure  correct  and  approved  standards,  with 
their  necessary  sub-divisions,  for  the  purpose  of  testing 
and  proving  the  weights  and  measures  of  said  standard 
used  in  the  city. 

Sec.  3.  It  shall  be  the  duty  of  the  Inspector  and 
Sealer  of  weights  and  measures,  at  least  once  in  every 
year  to  examine  and  test  the  accuracy  of  all  weights 
and  measures,  scales,  or  other  instruments  or  things 
used  by  any  person  for  weighing  or  measuring  any 
article  for  sale  in  said  city  of  Davenport ; to  stamp 
with  a suitable  seal  all  weights  and  measures  and  scales 
so  used,  which  he  may  find  correct,  and  deliver  to  the 
owner  thereof  a certificate  of  their  accuracy ; to  con- 
demn all  weights,  measures  and  scales  which  he  may 
find  incorrect  upon  such  inspection,  and  to  cause  the 
owner  thereof  to  have  them  corrected  and  made  con- 
formable to  said  standard  in  the  manner  hereinafter 
provided,  and  any  person  refusing  to  exhibit  any 
weights,  measures  or  scales,  or  instruments  for  weigh- 
ing or  measuring,  to  said  Sealer,  for  the  purpose  of  ex- 
amination and  inspection,  as  aforesaid,  or  obstructing 
him  in  the  performance  of  his  duty,  shall  forfeit  a pen- 
alty of  not  less  than  five  dollars,  nor  more  than  twenty - 
five  dollars,  for  each  offense,  recoverable  before  any 
court  or  Justice  having  jurisdiction  of  the  same  within 
the  city. 

Sec.  d.  It  shall  be  the  duty  of  said  Inspector  and 
Sealer  of  weights  and  measures  to  examine  and  put  in 
good  order,  and  seal,  all  weights,  measures,  beams  and 
scales  at  the  several  places  where  the  same  are  used ; 
but,  if  they  be  found  not  conformable  to  the  standard 
of  the  State,  they  shall  be  sent  by  the  owner  thereof  to 
such  place  in  the  city  as  the  Sealer  may  direct,  for  the 
purpose  of  being  repaired  and  adjusted,  and  the  same 


CHAP.  100.] 


WEIGHTS  AND  MEASURES. 


293 

shall  be  sealed  within  ten  days  after  they  may  have 
been  tested  and  condemned,  and  any  person  offending 
against  the  provisions  of  this  section,  shall,  on  con- 
viction thereof  before  any  Court  of  Justice  of  said  city 
having  jurisdiction,  be  fined  in  any  sum  not  exceeding  Penalty- 
twenty-five  dollars. 

Sec.  5.  The  Inspector  and  Sealer  of  weights  andFeee- 
measures  shall  be  allowed  to  receive  the  following  fees 
of  office  for  services  rendered  by  him  under  this  ordi- 
nance, viz : For  inspecting  and  sealing  platform  scales  of 
live  thousand  pounds  and  upwards,  including  weights, 
one  dollar ; of  less  denominations,  including  weights, 
fifty  cents  each.  For  inspecting  and  sealing  large 
beams  weighing  one  thousand  pounds  and  upwards,  in- 
cluding weights,  twenty-five  cents  ; of  smaller  denomi- 
nations, fifteen  cents  each.  Counter  scales,  including 
weights,  fifteen  cents.  For  comparing  and  sealing  any 
measures,  bushels,  ten  cents  ; half-bushel,  five  cents  ; 
less  denominations,  each  three  cents.  For  comparing 
and  sealing  wine  measures,  each  three  cents  ; for  com- 
paring, inspecting  and  sealing  cloth  and  board  meas- 
ures, each  five  cents  ; for  inspecting  and  testing  the 
several  scales  of  the  city  for  the  weighing  of  hay  and 
coal,  one  dollar  each. 

Sec.  6.  The  Inspector  of  weights  and  measures  shall  Expenses 
be  entitled  to  charge  and  receive  the  fees  as  specified 
in  this  ordinance  from  the  owner,  and  he  shall,  in  every 
case  where  he  may  employ  labor  and  material  in 
making  the  same  accurate,  be  entitled  to  a just  com- 
pensation therefor. 

Sec.  7.  It  shall  not  be  lawful  for  the  aforesaid  In-  How  often  to 
spector  to  make  the  aforesaid  charges  for  inspecting charge* 
and  testing  weights,  measures  and  scales,  as  aforesaid, 
oftener  than  once  in  each  year,  unless  at  the  request  of 
the  owner,  or  if  any  person  or  persons  shall  complain 
of  the  inaccuracy  of  the  scales,  weights  or  measures, 
when  he  shall  be  entitled  to  his  regular  fees. 

Sec.  8.  hTo  person  shall  make  use  of  any  weight, 


CITY  ORDINANCES. 


[CHAP.  100. 


Use  of  unsealed 
weights  for- 
bidden. 


Penalty. 


Register  and 
report. 


Election  of  In- 
spector. 


294 

scale,  measure  or  other  instrument  for  weighing  or 
measuring  any  article  for  sale  in  this  city,  until  the 
same  has  been  duly  examined  and  sealed  by  the  Sealer 
of  weights  and  measures,  under  a penalty  of  not  less 
than  five  nor  more  than  twenty-five  dollars,  recovera- 
ble before  any  Court  of  Justice  having  competent  juris- 
diction in  this  city.  All  persons  using  weights,  meas- 
ures, scales  or  other  instruments  for  measuring  any 
article  for  sale  in  this  city,  which  have  been  sealed, 
shall,  upon  application  of  the  Sealer  of  weights  and 
measures,  allow  the  same  to  be  examined,  tested  and 
sealed  as  herein  provided,  under  a penalty  of  not  less 
than  five  nor  more  than  twenty-five  dollars,  for  failing 
so  to  do,  and  any  person  or  persons  altering  any  weights 
measures  or  scales,  causing  the  same  to  weigh  or  meas- 
ure incorrectly,  shall,  on  conviction  thereof  before  any 
Justice  of  said  city,  be  fined  in  any  sum  not  exceeding 
one  hundred  dollars. 

Sec.  9.  It  shall  be  the  duty  of  said  Sealer  to  make  a 
regular  register  of  all  weights  and  measures,  scale-beams 
and  steelyards,  or  other  instruments  inspected  by  him,  in 
which  he  shall  state  the  names  of  the  owners  of  the 
same,  and  whether  they  are  conformable  to  the  stand- 
ard of  the  State.  And  it  shall  also  be  his  duty  to  re- 
port to  the  City  Council  the  names  of  all  persons  whose 
weights,  measures,  scale-beams  or  steelyards  are  incor- 
rect, and  to  deliver  a copy  of  his  said  register  to  the 
Clerk  of  the  city. 

Sec.  10.  The  Inspector  of  weights  and  measures 
shall  be  chosen  annually  by  the  City  Council  on  the 
first  Wednesday  of  April,  after  the  annual  city  election, 
and  shall  hold  his  office  for  the  term  of  one  year  from 
the  time  of  his  appointment  and  until  his  successor  is 
duly  elected  and  qualified. 

Sec.  11.  There  shall  be  chosen  on  the  first  Wednes- 
day of  December,  1862,  by  the  City  Council,  an  In- 
spector of  weights  and  measures,  to  serve  until  an  In- 
spector is  duly  elected  and  qualified  in  accordance  with 
the  provisions  of  section  10  of  this  ordinance. 


CHAPS.  101, 102.]  GIFT  ENTERPRISES.— GUNPOWDER . 


295 

Sec.  12.  Complaints  to  the  Inspector  need  not  be 
in  writing,  and  the  name  of  the  person  complaining 
shall,  if  requested,  be  kept  confidentially  by  the  In- 
spector, unless  upon  the  request  of  the  Council.  The 
report  provided  for  in  section  9 shall  be  published  in 
the  official  paper  of  the  city. 

Adopted  December  3,  1862,  August  10,  1865.  Sec. 
12  passed  September  24,  1866. 


CHAPTER  Cl. 

AN  ORDINANCE  in  regard  to  persons  carrying  on 
the  business  commonly  called  gift  enterprises. 

Section  1.  That  all  persons  who  hereafter  carry  on  License  re- 

x • 47  quired. 

in  said  city  of  Davenport  the  business  which  is  com- 
monly called  gift  enterprise,  shall  be  required  to  pay 
into  the  city  treasury,  as  a license  therefor,  the  sum  of 
five  dollars  per  day,  or  fifteen  dollars  per  week,  or 
twenty-five  dollars  per  month,  or  two  hundred  dollars 
per  year,  and  in  each  case  to  the  City  Clerk  one  dollar 
fee  for  issuing  such  license. 

Sec.  2.  Any  person  violating  any  provision  of  this  Penalty, 
ordinance  shall  pay  for  each  offense  a fine  of  not  less 
than  ten  dollars  and  of  not  more  than  one  hundred  dol- 
lars. 

Passed  and  approved  December  14,  1864. 


CHAPTER  CII. 

AN  ORDINANCE  in  relation  to  gunpowder , designed 
to  prevent  fires  and  injuries  to  persons  and  property . 

Section  1.  It  shall  not  be  lawful  for  any  person  how  much  may 
within  the  limits  of  the  city  of  Davenport  to  keep  any  whom.1’ and  hy 
gunpowder,  except  in  the  manner  following,  to-wit : 

The  head  of  a private  family,  for  his  own  use,  may  keep 
not  exceeding  6J  pounds ; thirty  pounds  may  be  kept 


CITY  ORDINANCES. 


[CHAPS.  102, 103. 


296 

by  retail  merchants  for  retail,  and  one  hundred  pounds 
by  wholesale  merchants  for  wholesale,  and  quarrymen 
twenty-five  pounds ; provided , however , that  the  61- 
pounds  shall  be  kept  in  closed  kegs  or  tin  canisters. 
The  retail  merchant  shall  keep  his  so  that  it  shall  be 
secure  and  easily  removed  in  case  of  fire,  and  the 
wholesale  merchant  shall  keep  that  allowed  to  be  kept 
by  him  in  a fire-proof  or  zinc  box,  closely  and  tightly 
covered,  and  so  that  it  can  be  easily  removed  in  case  of 
fire,  and  to  the  satisfaction  and  under  the  direction  of 
the  Marshal,  or  any  fire  warden  of  the  city. 

P»nd  Sec.  2.  It  shall  be  the  duty  of  the  Marshal  to  seize  all 
powder  kept  contrary  to  this  ordinance,  file  an  informa- 
tion against  the  owner  or  possessor,  and  upon  its  being 
found  that  the  powder  was  illegally  kept,  the  owner 
shall  be  adjudged  to  pay  a fine  not  exceeding  one  hun- 
dred dollars,  and  the  powder  thus  illegally  kept,  shall 
be  forfeited  to  the  city,  sold  and  the  proceeds  paid  into 
the  city  treasury. 

Passed  and  approved  September  29,  1866. 


CHAPTER  CIII. 

AN  ORDINANCE  in  relation  to  vicious  dogs  and  un- 
ruly animals. 

Not  to  be  at  Section  1.  All  persons  owning,  or  having  charge  of 
or  control  over  unmuzzled  dogs  which  attack  or  bite 
people,  or  owning  or  having  control  over  cattle  or 
other  domestic  animals  which  attack,  gore,  or  injure 
people,  are  hereby  required  to  keep  them  from  running 
at  large  in  the  streets  and  other  public  places  in  the 
city. 

Marshal’s  duty.  Sec.  2.  The  Marshal,  upon  being  satisfied  that  there 
are  vicious  dogs  or  unruly  animals  at  large,  shall,  if 
practicable,  notify  in  writing,  (keeping  a copy)  the 
owner  or  person  in  control  or  charge  of  such  animals 
to  restrain  the  same  from  running  at  large,  and  he 


CHAPS.  103,  104.] 


RUNNING  OF  CARS. 


297 

may  or  may  not,  at  liis  discretion,  institute  a suit  for  a 
violation  of  section  one  of  this  ordinance  occurring  be- 
fore such  notice  is  given. 

Sec.  3.  If  satisfied  that  a dog  is  accustomed  to  seize  ^®"ghe  may 
or  bite  people,  or  is  vicious,  and  has  actually  bitten  one 
or  more  persons  in  the  city,  the  Marshal  may,  if  he  finds 
such  dog  at  large,  kill  the  same  without  previous  notice 
to  the  owner,  or  he  may,  if  he  sees  fit,  without  killing 
the  animal,  notify  the  owner  as  provided  in  section  two, 
and  prosecute  him  for  a violation  of  section  one. 

Sec.  4.  Whoever  violates  section  one  shall  be  fined  Penalty- 
not  less  than  one  nor  more  than  five  dollars.  If  the 
animal  is  found  at  large,  after  the  notice  given  to  the 
owner  as  provided  in  section  two,  the  fine  may  he  for 
any  sum  not  exceeding  twenty  dollars. 

Passed  and  approved  September  24,  1866. 


CHAPTER  CIV. 

AN  ORDINANCE  to  regulate  the  running  of  cars  on 
the  streets  of  the  city. 

Section  1.  Ho  person  under  the  age  of  sixteen  Minor*  not  to 

J-  . ° jump  on  cars. 

years,  shall,  within  the  city  limits,  seize,  hang  upon,  or 
attempt  to  seize,  hang  upon,  or  get  upon  cars  while  the 
same  are  in  motion  in  the  streets  of  the  city,  and  who- 
ever does  so  is  guilty  of  a misdemeanor  and  liable  to  be 
fined  in  a sum  not  exceeding  five  dollars  for  each  of- 
fense ; and  the  better  to  carry  out  the  purpose  of  this 
ordinance,  it  is  made  the  duty  of  the  conductor  of  each  nutiee >of  rail 

' ^ road  officers  to 

railroad  train,  or  other  officer  in  charge  of  the  same,  to  prevent  it. 
detail  brakesmen,  or  other  employees  or  persons,  as  a 
special  police  force,  to  prevent  boys  and  minors  under 
the  age  above  specified  from  boarding,  seizing  hold  of, 
or  getting  upon  cars  when  in  motion,  and  if  the  railroad 
company  conductor,  or  other  officer  in  charge  of  the 
train,  shall  neglect  to  comply  with  this  ordinance,  they, 
and  each  of  them  shall  be  fined  for  eacli  offense  not  ex- 
38 


CITY  ORDINANCES. 


[CHAPS.  104, 105. 


298 

Power  to  arrest,  ceeding  ten  dollars.  And  any  conductor  or  other  officer 
of  the  train,  or  any  other  employee  or  person  detailed 
to  prevent  minors  from  boarding  the  train  as  above 
provided,  shall  have  power  to  arrest  them,  provided 
they  insist  on  so  doing  after  being  warned,  and  when 
arrested  may  discharge  them  at  the  station  or  take  them 
before  the  Mayor  or  Police  Magistrate  and  file  a com- 
plaint against  them  for  a violation  of  this  ordinance. 
Rat©  of  speed  Sec.  2.  The  rate  of  speed  of  all  cars,  including  liand- 
hand  cars.  cars,  shall  not  exceed  six  miles  per  hour,  within  the  city 
limits,  and  a bell  or  bells  shall,  upon  each  train  and 
upon  each  hand  car,  be  kept  continually  ringing  while 
passing  through  the  city  limits.  And  any  railroad  com- 
pany shall,  whenever  directed  by  resolution  of  the  City 
Council,  station  a flagman  on  at  Brady  and  such  other 
penalty.  street  crossings  as  the  Council  may  direct.  And  any 
violation  of  this  ordinance  shall  subject  the  railroad 
company,  or  conductor,  or  person  in  charge  of  the 
train  or  car,  to  a fine  of  not  exceeding  twenty  dollars 
for  each  offense. 

Sec.  3.  A copy  of  this  ordinance  is  directed  to  be 
mailed  by  the  City  Clerk  to  the  Superintendent  of  the 
railroad  company  at  Davenport,  or  delivered  to  him  in 
person. 

Passed  and  approved  November  7,  1866. 


CHAPTER  CY. 


AN  ORDINANCE  in  relation  to  lamp  posts , tree 
boxes , fences , and  the  posting  of  bills. 


Posting  bills, 
defacing  fences, 
&c., 


Section  1.  No  person  shall  post  any  bill,  or  notice, 
or  advertisement,  placard,  or  other  printed  matter  upon 
any  public  lamp  post  within  the  limits  of  the  city,  nor 
upon  any  tree  box,  fence  or  building  where  a notice  or 
sign  is  conspicuously  printed  or  posted  forbidding  it ; 
nor  shall  any  person  whittle,  scratch,  write  upon,  deface 


CHAPS.  106, 107.]  VACANCIES.— BREAKING  OF  LAMPS.  299 

or  in  any  manner  injure  any  fence  or  tree  box  within 
the  limits  of  said  city. 

Sec.  2.  Whoever  violates  any  provision  of  this  orcli-  Penalty* 
nance  shall  be  fined  not  exceeding  five  dollars  for  each 
offense. 

Passed  and  approved  November  7,  1866. 


CHAPTER  CYI. 

AN  ORDINANCE  to  provide  for  filling  vacancies  in 
city  offices. 

Section  1.  Whenever  any  vacancy  shall  occur  in  vacancies,  how 
any  city  office,  those  of  Mayor  and  Aldermen  excepted, 
from  sickness,  absence  from  city,  inability  to  act,  death, 
resignation,  failure  to  qualify,  or  other  cause,  and  no 
special  mode  is  provided  as  to  filling  the  vacancy,  such 
vacancy  may  be  temporarily  filled  by  the  appointment 
of  the  Mayor ; such  appointee  shall  qualify  and  give 
bond  the  same  as  if  he  had  been  regularly  elected  or 
appointed,  but  such  appointment  shall  be  in  force  only 
until  the  office  shall  be  regularly  filled  by  appointment 
and  confirmation  or  election  in  the  usual  manner,  and 
until  the  successor  shall  qualify  and  enter  upon  the  dis- 
charge of  the  duties  of  his  office. 

Sec.  2.  All  vacancies  in  the  office  of  Mayor  and  same. 
Alderman,  and  all  other  offices  elective  by  the  people, 
shall  be  filled  by  election,  and  special  elections  shall  be 
ordered  whenever  necessary  for  that  purpose. 

Passed  and  approved  November  7,  1866. 

[Note.— See  ante , Chap.  78.] 


CHAPTER  CVII. 

AN  ORDINANCE  to  prevent  the  breaking  of  lamps, 
windows , dec.,  and  to  prohibit  the  use  of  rubber  guns. 

Section  1.  Every  boy  or  other  person  is  prohibited 


Rubber  guns, 
&c.,  fordiddeu. 


Parents  liable. 


Name  of  the 
Revision. 


Adoption. 


Receivable  in 
evidence. 


Clerk  to  take 
care  of. 


300  CITY  ORDINANCES.  [CHAPS.  10T,  108.  * 

from  using  rubber  guns  in  the  streets  and  alleys  of  the 
city,  and  whoever  by  the  use  of  said  guns,  or  by  throw- 
ing stones  or  otherwise,  breaks  any  public  lamps  or 
windows,  or  does  any  other  damage  to  property  within 
the  city  limits,  shall  be  deemed  guilty  of  a misde- 
meanor, and  fined  not  exceeding  five  dollars  for  each 
offense. 

Sec.  2.  The  parents  or  guardians  violating  this  ordi- 
nance shall  lie  liable  to  pay  fines  imposed  for  its  viola- 
tion. 

Passed  and  approved  November  7,  1866. 


CHAPTER  CVIII. 

AN  ORDINANCE  in  relation  to  the  revised  ordi- 
nances of  1866. 

Section  1.  The  present  revision  of  the  ordinances 
herewith  printed  shall  be  known  as  the  Revision  of 
1866. 

Sec.  2.  The  ordinances  reported  to  the  Council  at 
the  special  September  meeting,  A.  D.  1866,  by  John  F. 
Dillon,  with  the  amendments  made  thereto  by  the  Coun- 
cil, are  hereby  adopted,  and  declared  to  be  in  force,  and 
ordered  to  be  herewith  printed  and  published  in  book 
form  under  the  superintendence  of  the  Printing  Com- 
mittee; and  the  ordinances  thus  printed  shall  be  re- 
ceived in  evidence  without  other  or  further  proof. 

Sec.  3.  Said  books,  when  published,  shall  be  put 
into  the  custody  of  the  Clerk  for  safe  keeping,  and  he 
shall  be  responsible  for  the  preservation  thereof.  The 
Clerk  shall  furnish  the  Mayor  and  each  member  of  the 
City  Council  and  each  ministerial  and  executive  officer 
of  the  city  with  one  copy  of  the  Revised  Ordinances, 
taking  their  receipts  for  the  same ; and  the  officers  so 
receiving  them  are  required  to  hand  them  over  to  their 
successors.  The  Clerk  is  directed  to  send  one  copy  to 


CHAr.  10S.] 


REVISED  ORDINANCES  OF  1860. 


301 

each  city  in  the  State  containing  over  five  thousand  in- 
habitants, and  request  a copy  of  their  printed  ordi- 
nances in  return.  And  all  books  so  received,  and  all 
others,  shall  be  safely  kept  and  preserved  by  the  City 
Clerk.  The  Clerk  is  also  directed  to  allow  John  F. 

Dillon  to  have  twenty-five  copies,  if  he  shall  so  desire, 
for  distribution,  on  behalf  of  the  city,  to  the  State  and 
public  libraries  and  judges  in  the  State.  The  Clerk  is 
also  authorized  to  sell  copies  of  the  ordinances  at  one  Sale  of 
dollar  per  copy  for  bound  and  seventy-live  cents  for  un- 
bound, keeping  account  of  the  sales  and  paying  over 
the  proceeds  to  the  City  Collector,  and  taking  his  re- 
ceipt for  the  same.  The  City  Clerk  shall  deliver  over  Deliver  to  suc- 

x m U CCBBOr. 

said  books  to  his  successor  in  office,  taking  his  receipt 
for  the  same,  which  receipt  shall  specify  the  number 
received  by  the  incoming  Clerk. 

Sec.  4.  Upon  the  publication  of  said  ordinances,  the  Posting  up. 
City  Clerk  shall  post  up  one  copy  in  each  ward  of  the 
city,  in  one  of  the  most  public  places  therein. 

Passed  and  approved  September  29,  1866. 


AUTHENTICATION  OF  THIS  REVISION. 

I,  D.  B.  Nash,  Clerk  of  the  city  of  Davenport,  do  cierk  ’s  certifi- 
hereby  certify  that,  as  directed  by  the  last  section  of  up^dpubircl 
the  foregoing  ordinance,  I did  post  up  a true  and  cor-  lon‘ 
rect  copy  of  the  foregoing  and  original  Revised  Ordi- 
nances for  1866,  passed  and  adopted  by  the  City  Coun- 
cil, in  each  ward  of  said  city,  and  the  same  and  each  of 
them  have  also  been  imblished  in  the  official  newspa- 
per of  the  city ; and  the  foregoing  ordinances  and  each  Truly  copied 
of  them  are  correct  copies  of  the  original  ordinances  as  and  printed- 
passed  by  the  City  Council  of  the  city  of  Davenport. 

Given  under  my  hand  and  the  seal  of  said  city,  this 
10th  day  of  December,  1866. 

D.  B.  NASH,  City  Clerk. 


INDEX 

TO  CHARTER  AND  ORDINANCES. 


A. 


Accounts  and  Books,  how  to  be  kept,  . 

. 123 

of  Board  of  Health,  .... 

171 

accounts  of  officers,  and  when  to  be  settled,  101, 109, 123-126 
(See  Books,  Maps  and  Plats.) 

Additions  to  City,  charter  provisions, 
Actions,  against  city,  (see  Suits.) 

. 26 

City  Attorney  to  be  notified  of  suits,  (see  Chap.  89,) 

. 277 

actions  by  fire  companies, 

276 

Adjournment,  (see  Rules  of  Order,) 

Aldermen,  (see  Charter,  City  Council,  Elections, 
Salaries,) 

Officers, 

. 283 

two  from  each  ward  required  by  charter, 

. 29 

qualification  required,  .... 

29 

removal  from  ward  vacates  office, 

. 29 

divided  into  classes,  .... 

30 

quorum,  expulsion,  ayes  and  nays, 

29,  30 

vacancies  must  be  filled  by  election, 

30 

oath  of  office  and  tie  election, 

. 31 

when  to  be  elected  and  qualify, 

32,  33 

who  may  vote  for, 

. 33 

exempt  from  street  work,  .... 

57 

Council  may  provide  compensation, 

. 57 

disqualified  from  holding  certain  offices,  . 

57 

acts  of  de  facto  Aldermen  valid, 

. 61 

decisions  as  to  powers,  duties,  &c.,  . 

72 

salary  of  fixed, 

. 138 

deduction  for  absence,  .... 

139,  246 

duties  and  powers  at  fires,  .... 
are  ex  officio  fire  wardens,  (see  Fire  Wardens.) 

. 272-274 

seven  necessary  to  make  a quorum,  . 

280 

duties  and  privileges  of  Aldermen, 

. 281 

Rules  of  Order  applicable  to,  . 

. 

280 

II 


INDEX  TO  CHARTER 


Alleys,  (see  Streets,) 

width  required  by  charter, 27 

city  may  improve  and  repair, 38 

declared  highways, 98 

certain  alleys  vacated, 250,  289 

Amendment  to  City  Charter,  (see  Charter,)  ...  60 

amendment  of  records  of  city, 69 

amendment  of  ordinances,  (see  Chap.  92,  Rule  40,)  . 286 

amendment  of  motions, 284 

Amusements, 

charter  provision  to  license,  tax  and  regulate,  . 39 

games  of,  license  required,  ....  161,  229 


Animals,  (see  Butchers,  Dogs,  Hogs,  Horses,  Geese,  Vicious 
Animals,) 

Appeal, 

allowed  in  all  cases  under  charter  and  ordinances,  50, 56, 72 

City  Attorney  may  take, 118 

from  Mayor’s  decision  to  Council,  ....  281 

Appropriations  of  money,  (see  Chap.  92,  Rule  39£,)  . 286 

limit  on  power  of  Council, 66 

Appropriation,  of  private  property  to  public  use,  . 45,  234 

Armory,  provision  for  by  ordinance,  ....  278 

Arrests,  by  Marshal,  (see  Marshal,)  ....  74,85,241 

by  police  force, 212 

at  fires, 274 

Assault,  city  not  liable  for  assault  committed  by  officers  in 

enforcing  an  ordinance, 75 

prohibited  by  ordinance,  195 

Assemblies,  unlawful  prohibited, 194 

Assessment,  (see  Taxes,  Local  Assessments,  Sidewalks,) 

charter  permission, 33 

when  to  be  made,  98 

what  shall  be  assessed, 99 

not  to  exceed  five  mills  for  general  purposes,  . . 99 

three  mills  for  road  purposes,  . . 99 

equalization  of, 35 

omitted  property,  how  assessed,  . . .33,  99, 103 

remedy  of  party  for  over  assessment.  . . 35,  (note) 

errors  in  assessment  to  be  reported  to  Council,  . . 103 

sidewalk  assessments, 220-223 

paving,  grading,  &c.,  assessments,  ....  232 

lamp  tax  assessment, 278 

Assessor,  (see  Taxes,) 

charter  provision  as  to, 33 

Council  has  power  to  appoint  or  elect,  . . 37  (note) 

when  to  make  return  of  list, 99 


AND  ORDINANCES. 

in 

Assessor  to  assess  omitted  property, 

99 

made  Deputy  Collector,  .... 

122 

salary  of  Deputy  Collector, 

123 

election  and  duties  of,  ... 

122 

,135 

bond,  salary,  office  room,  &c., 

136 

Assignation,  (see  Houses  of  111- fame,) 

houses  of  prohibited, 

240 

Attendance  upon  Council,  enforced,  . 

139 

Attorney,  (City,)  appointment  of, 

, 

117 

may  appeal  cases, 

118 

salary  of, 

118 

other  counsel,  when  and  by  whom  employed, 

118 

notice  of  actions  to  be  served  on, 

277 

must  attend  meetings  of  Council,  . 

139 

penalty  for  failure  to  do  so, 

140 

allowed  for  certain  traveling  expenses, 

139 

duty  under  poll-tax  ordinance, 

256 

Auction,  (see  Auctioneers,  Licenses,) 

in  streets  prohibited, 

sale  of  apples,  fruits,  &c.,  on  street  corners,  so 

as  to 

97 

incommode  citizens  forbidden, 

97 

such  an  ordinance  is  yalid, 

85 

city  not  liable  for  misconduct  of  licensed  auctioneers, 

88 

Auditing  Accounts,  (see  Bills  and  Claims;  Orders.) 
Auctioneers,  (see  Auction,) 

license  of  required, 

113 

must  pay  license  fee  of  $50,  .... 

113 

what  license  covers, 

113 

penalty  for  violation, 

114 

Awnings,  (see  Nuisances,) 

city  held  liable  for  injury  done  by  fall  of, 

90 

but  not  for  injury  done  by  snow  falling  from, 

90 

regulated  by  ordinance,  . 

202 

Ayes  and  Nays,  charter  gives  right  to  any  member  present 

to  demand, 

30 

how  construed  by  courts,  .... 

61 

provision  of  rules  of  order  on  this  subject, 

O'* 

00 

o* 

B. 

Bagatelle  Table,  (see  Chap.  26,) 

161 

license  required, 

161 

Banks  and  Bank  Stock,  power  of  city  to  tax, 

. 35  (note.) 

Bathing,  in  front  of  city  prohibited, 
Bawdy  Houses,  (see  Houses  of  Ill-Fame,) 

111 

charter  gives  power  to  suppress, 

39 

39 


IV 


INDEX  TO  CHARTER 


Bawdy  Houses,  ordinance  concerning, 

Beds  and  Clothing,  if  infected  may  be  destroyed,  . 
Bells,  to  be  used  by  persons  sleighing, 

Benefits,  (see  Streets,) 

Benzine,  keeping  of  regulated, 

Bids,  (see  Contracts,  City  Engineer,) 

for  contracts  when  opened,  &c.,  . 

legal  rights  of  lowest  bidder,  .... 
Billiard  Tables,  see  Amusement  and  Ordinance  No.  26,) 

license  required, 

Bills,  posting  of  regulated  (see  Chap.  105),  . 

Bills  and  Claims,  (see  Rule  39  Ordinance  No.  92,)  . 
Bills  and  Notes,  (see  Contracts,  Orders,) 

as  to  power  to  make, 

Bitch,  when  to  be  killed  by  Marshal,  .... 
Blacksmith,  not  to  shoe  horses  in  streets, 

Board  of  Aldermen,  (see  Aldermen,  Council.) 

Board  of  Health,  (see  Health  of  City,) 

power  given  city  by  charter  to  secure  public  health 

ordinance  relating  to, 

orders  of  board  should  be  in  writing, 

Boats,  (see  Health  of  City,  Public  Landing,  Wharves.) 
Bonds,  (see  Bills  and  Notes,  Contracts,  Loans,  Officers.) 

charter  gives  power  to  require,  .... 
charter  gives  power  to  make  .... 

charter  provision  as  to  bond  of  Mayor,  . 
validity  of  railroad  bonds,  .... 

bond  of  city  officers,  (see  various  officers.) 

bond  of  Deputy  Collector, 

bonds  required  from  contractors, 

Books,  charter  requires  Council  to  provide  certain  books 
books  required  by  revenue  ordinance, 
books  and  accounts,  how  to  be  kept, 

Clerk  responsible  for, 

Bonds,  of  city  officers,  amount,  preservation,  &c., 
amount  of,  by  whom,  and  how  fixed, 

Clerk  to  record  and  preserve, 
of  Street  Commissioner,, 
of  City  Engineer,  .... 

of  Sexton,  

of  City  Assessor,  .... 

in  contracts  with  city,  .... 
bonds  of  city,  (see  Loans) 

Borrowing  Money,  (see  Loans  by  City,) 

power  of  city, 

Boundary  of  City,  defined  by  charter, 


240 
183 
250 
78 
157 

130 
130 

161 
. 298 
286 

57,  81 
146-148 
202 


38 

169 

179 


38 

57 

43 

240 


123 
131 
54 

102,  122,  127 
123 
. 128 
120,  128 
120 
. 128 
134 
. 129 
134 
. 136 
131 


38,  41  and  note 
. 25,  26 


AND  ORDINANCES.  V 

Bowling  Alleys  (see  ordinance  No.  26,)  . . . .161 

are  a nuisance  at  common  law,  . . . . 162 

Boxes — tree,  (see  Trees.) 

Brady  Street,  (see  Streets,) 

extension  and  width  of,  . . . .111 

numbering  of  streets  to  commence  on  Brady,  . 155 

Breach  of  Peace,  ordinance  concerning,  . . . .195 

Bread,  Council  may  regulate  weight  and  price,  . . 40 

Brick  Work,  rule  for  measuring,  287 

Bridges,  (see  Streets,  Suits,) 

charter  gives  city  power  to  erect  and  repair,  . . 38 

decisions  as  to  erection  and  liability  for,  . 77-80,  88,  89 

city  cannot  build  toll  bridge, 80 

Brokers — substitute,  (see  Ordinance  No.  99,)  . . . 290 

Brothels,  (see  Houses  of  Ill-Fame,) 

ordinance  concerning,  240 

charter  gives  power  to  suppress,  ..  . . . 39 

Buildings,  cannot  be  erected  in  streets,  ...  78,  85 

to  be  numbered  in  lire  limits,  . . . . 155 

to  be  kept  clean, 168 

destruction  at  fires,  274 

Building  Material,  may  be  inspected,  ....  39 

when  may  be  placed  in  streets,  . . .78,  79,  203 

Burial  Grounds,  (see  Cemeteries,) 

city  may  purchase, 28 

owner  may  dedicate  for,  76 

Burrows  & Prettyman,  (see  Landing,  Wharf,) 

ordinance  for  relief  of  as  to  landing,  . . . .112 

Repeal  of  (see  Chap.  84.) 

Burnell  Strong,  use  of  landing, 112 

Burning  Fluids,  how  to  be  kept,  &c.,  . . . .157 

Butchers,  duty  of  (see  Health  of  City,) 

how  to  slaughter, 166,  171 

c. 

Camphene,  keeping  of  regulated, 157 

Canvass  of  Votes,  (see  Election,) 

power  of  Council  and  when  exhausted,  . 30  and  note. 

Carts,  (see  Draymen,  Wagons,  &c.) 

Carmen,  &c.,  (see  Draymen,) 

an  ordinance  concerning, 140 

Cars,  (see  Railroads,  M.  & M.  R.  R.  Co.,) 

rate  of  speed  in  city  regulated,  . . . 160,  197,  297 

city  not  liable  for  injury  by, 80,  85 

cars  not  to  be  left  standing  on  streets,  . . .160 


VI 


INDEX  TO  CHARTER 


Cellar  and  Cellar  Ways,  (see  Ordinance  No.  42,)  . 201 

to  be  kept  clean, 168 

cellar  ways  in  sidewalks  regulated,  . . 201,  210 

Census,  charter  gives  city  power  to  take,  ....  40 

Cemetery,  (see  Dedication,  Interments,) 

city  may  purchase  grounds  for,  ....  28 

power  of  city  over, 85 

duty  of  Sexton,  ordinance  concerning,  . . . 138 

trespassed  upon  punished,  289 

Chief  Engineer,  (see  Fire  Department.) 

Circuses,  (see  Shows,  Licenses,) 

license  required, 230 

Cities,  distinguished  from  counties, 61 

City  Council,  (see  Aldermen,) 
powers  of  (see  charter,) 

time  of  meeting  (see  Meetings),  ....  250 

action  and  acts  of  de  facto  Council  valid,  . . 61,  84,  85 

must  act  officially — not  on  the  street,  . . . 61 

cannot  delegate  power, 61 

cannot  cede  away  legislative  power  of 


city, 28,  29,  193  (note) 


City  Attorney,  (see  Attorney.) 

City  Clerk,  (see  Clerk  of  City.) 

City  Engineer,  (see  Engineer.) 

City  limits,  defined  by  charter, 25,  26 

City  Sealer,  (see  Weights  and  Measures.) 

City  Hall,  power  to  erect, 39,  62 

as  to  liability  for  safe  condition,  ....  87 

City  railways,  subject  discussed, 90 

Chandlers,  mode  of  exercising  trade  regulated,  . . 204 

Charter,  (see  City  Council,  Ordinances,) 

historical  reference  to  charter, 17 

different  charters  of  Davenport,  ....  24 

present  charter  and  amendments,  ....  25 

Abstract  of  Charter  : 

Art.  I,  boundary  and  general  powers  of  city,  . . 25 

width  of  streets  and  alleys, 27 

public  square  required  of  proprietors,  . . 27 

power  to  sue,  contract,  hold  and  sell  property,  28 

Art.  II,  City  Council, 29 

Council  consists  of  Mayor  and  Aldermen,  . 29 

Aldermen — qualification  and  term,  . . .29 

removal  from  ward  vacates  office,  . . 29 

classes  of  Aldermen, 30 

Council — made  judge  of  elections,  . . 30 

quorum  (see  Chap.  92),  ...  29,  30,  61 


AND  ORDINANCES. 


VII 


Charter — abstract  of,  Art.  II,  Council  to  make  rules, 
expulsion  of  members, 
vacancies  to  be  filled  by  election, 
oatli  of  Mayor  and  Aldermen, 
meetings  of  Council, 


Art.  Ill,  as  to  Mayor  (see  also  Art.  VI),  . 

Q1 

. . ol 

Mayor  holds  office  for  one  year, 

31 

who  eligible, 

. 31 

tie  vote — how  decided,  . 

31 

vacancy — how  filled,  .... 

. 31 

absence  of  Mayor — effect  of, 

31 

Art.  IV,  as  to  elections,  .... 

. 32 

to  be  held  first  Saturday  in  April,  . 

32 

Council  to  appoint  judges  and  clerks, 

. 32 

canvass  of  votes, 

32 

when  to  qualify,  .... 

. 33 

who  may  vote  and  where, 

33 

illegal  voting, 

. 33 

Art.  V,  as  to  legislative  powers  of  Council,  . 

33 

power  to  levy  taxes,  .... 

. 33 

mode  of  assessment,  . 

33 

mode  of  collection, 33,  34 

power  to  elect  and  appoint  officers,  37  and  note, 
power  to  require  bonds  and  oath,  . . .38 

power  to  support  schools,  . . . . 38 

power  to  appropriate  money,  . . . .38 

power  to  borrow  money,  . 38,  41,  and  note. 

power  to  preserve  health, 38 

power  to  declare  nuisances,  . . . . 38 

power  to  tax  and  restrain  dogs,  . . . .38 

power  to  provide  water,  &c.,  ....  38 

to  open  streets,  &c., 38 

to  erect  wards, 38 

to  light  streets, 39 

to  support  night  watches,  ....  39 

power  over  markets, 39 

power  over  buildings  and  grounds,  . . 39 

power  over  navigation  of  river,  . . . .39 

power  over  wharves, 39 

power  to  tax,  license  and  regulate  various  trades 

and  employments, 39 

power  to  suppress  bawdy  houses,  &c.,  . . 39 

power  to  prevent  fires, 39 

power  to  establish  weights  and  measures,  . 39 

power  to  inspect  and  weigh,  . . .39 

power  to  take  census  oficity,  ....  40 


31, 


30 

30 

30 

30 

GO 


VIII 


INDEX  TO  CHARTED 


Art.  Y,  power  to  regulate  city  elec- 


C HARTER — ABSTRACT  OF. 

tions, -40 

power  to  remove  city  officers,  ...  40 

power  to  fix  compensation  of  city  officers,  . . 40 

power  to  fix  juror’s  and  witness’ fees,  . . 40 

power  to  prohibit  discharge  of  fire  arms,  . . 40 

power  to  prohibit  racing  and  fast  driving,  . 40 

power  to  regulate  police  of  city,  . . .40 

power  to  impose  fines,  forfeitures,  &c.,  . . 40 

power  to  license  retailers  of  liquors,  . . .40 

general  power  to  pass  ordinances,  ...  40 

style  of  ordinances, 40 

publication  and  record  of  ordinances,  . . 40 

printed  ordinances  made  evidence,  . . .41 

railroad  debt  legalized,  . . . . 41 

specific  tax  to  pay  bonded  debt,  . . .41 

power  to  vacate  streets,  ...  42  and  note. 

Art.  VI,  as  to  Mayor  (see  also  Art.  Ill  of  charter),  . 42 
Mayor  presides  and  gives  casting  vote,  . 42,  281 

Mayor  'pro  tem., 31,42 


special  meetings — how  called, 

Mayor’s  duties  defined, 

his  powers  and  jurisdiction  as  a Justice  of  the 

Peace, 

his  official  bond, 

salary  to  be  fixed  by  ordinance, 

may  be  punished  and  removed  for  mal conduct, 

writs — how  issued  and  directed, 

Art.  VII,  proceedings  in  special  cases,  . 
power  to  lay  out  streets,  squares,  &c., 
taking  private  property  for  this  purpose, 
damages  when  grade  is  changed, 
proceedings  to  condemn  private  property 
Art.  VIII,  miscellaneous  provisions, 
city  made  one  road  district,  . 
three  days  road  work  required,  . 
three  mill  road  tax  authorized, 
road  taxes  in  annexed  districts,  . 
punishment  of  offenders — how, 
annual  financial  statement  required,  . 
records,  prosecutions,  &c., 

Council  to  provide  books  for  officers, 
action  to  be  brought  in  name  of  city, 
warrants  may  issue  without  affidavit, 

Council  has  power  to  fill  vacancies, 
vote  on  charter  prescribed, 


42 

43 

43 

43 

44 
44 

. 44 

44 
. 45 

45 
. 46 

46,  47-50 
. 51 
51,  52,  53 
. 52 

53 
. 52 

52 
. 53 

54 
. 54 

54 
. 55 

55 
. 55 


AND  ORDINANCES. 


IX 


Charter  —abstract  of.  Art.  VIII,  town  ordinances  con- 
tinued in  force, 55 

property  of  town  given  to  city,  ...  55 

appeals  to  District  Court  allowed,  . 50,  56 

Marshal  may  execute  writs  in  county,  . . 56 

charter  made  a public  act,  . . . 56,  60 

ordinances  and  contracts  to  be  signed  by 
Mayor  and  Clerk,  . . . . 57,  82 

process  served  on  Mayor  or  Clerk,  . . .57 

compensation  of  Aldermen,  ....  57 

disqualified  from  holding  certain  offices,  . . 57 

exempt  from  road  work, 57 

failure  to  hold  election  does  not  forfeit  charter,  58 

Police  Magistrate — term  and  jurisdiction,  . 58 

when  Council  may  levy  special  grading  and  other 

tax, 58 

general  powers  of  towns  under  code  given  to  the 

city, 59 

charter  a public  act,  judicially  noticed,  . 56,  60 

cannot  be  specially  amended,  . . 24,  60 

adjourned  and  other  meetings  of  Council,  . 60 

Chicago  & Rock  Island  R.  R.  Co.,  loan  of  city  for  benefit 
of  (see  Chap.  55.) 

Chief  of  Police,  duties  defined, 211 

Chimneys,  (see  Fires,) 

charter  gives  city  power  to  regulate  and  fix,  . . 39 

to  be  properly  cleaned, 150 

must  extend  2£  feet  from  house,  . . . .150 

Fire  Wardens  may  examine, 149 

CnoLERA,  (see  Health  of  City,) 

Board  of  Health  ordinance, 169 

infected  beds,  clothing,  &c. — how  disposed  of,  . 183 

provision  for  destitute  patients,  ....  184 

Claims  and  Bills,  when  to  lie  over,  ....  28 

Clerk  of  City,  (see  Licenses,  Officers,) 

under  charter  this  office  is  elective,  . . 37  and  note. 

assessment  to  be  returned  to, 33 

shall  sign  tax  warrant, 34 

deliver  assessment  to  Marshal,  ....  34 

report  to  Council  names  of  lessees  of  city,  &c.,  . . 101 

election  of  Clerk,  when,  bond,  oath,  &c.,  . 119, 120 

report  as  to  lessees  of  city,  &c., 101 

issue  certificates  of  redemption,  . . . . 108 

fees  for  same, 108 

bond  and  oath  of, 120 

bonds  of  officers  filed  with  and  recorded,  43,  120,  128 


X 


INDEX  TO  CHARTER 


Clerk  of  City,  financial  statement  to  be  prepared  by  him,  . 121 
to  notify  officers  of  their  election,  ...  32,  121 

duty  respecting  election  returns  and  poll  books,  . 32,  120 
must  keep  journal  of  Council  proceedings,  . . 54 

must  keep  record  of  tax  returns  of  Marshal,  . . 54 

must  keep  book  to  record  acts  and  reports  of  Street 

Commissioner, 54 

must  keep  order  book, 54, 125 

notice  of  appeal  may  be  served  on  Clerk,  ...  50 

must  sign  and  may  certify  ordinances,  . . 40,  41,  57 

must  record  and  preserve  ordinances,  bonds,  &c.,  . 128 

report  the  amount  of  money  orders  allowed,  &c , 121-12G 

duty  respecting  city  orders,  books  and  accounts,  125,  126 
Clerk  to  issue  no  order  till  allowed,  . . . 128 

Clerk  responsible  for  books  and  papers,  . . .128 

original  books  and  papers  not  to  leave  office,  . 128 

salary  and  fees, 137 

register  dogs  and  fees  for, 145 

issue  licenses  for  games  of  amusement,  . . . 162 

issue  licenses  to  hawkers  and  pedlars,  . . . 184 

deduct  salaries  of  absent  officers,  ....  246 
print  notices  for  Street  Commissioner,  . . . 257 

forward  papers  to  committees  and  officers,  (Chap. 

92,  Rule  38), 286 

issue  licenses  and  fees  for  same,  . . 137,  140,  184 

. 139 

140 
. 140 

169 

. 171,  173 

184,  185 
. 217 

244 
. 257 

63 
. 183 

116 
39,  40 
251 

37  (note),  59 


must  attend  meetings  of  Council, 
failure  to  do  so — effect  of,  . 
issue  license  to  drays,  &c.,  .... 
is  ex  officio  clerk  of  Board  of  Health, 
duties  as  clerk  of  said  Board, 
license  to  hawkers  and  pedlars  and  fee,  . 
duty  in  cases  of  tie  and  contested  elections, 
license  to  pawnbrokers,  &c.,  to  issue, 
duty  under  poll  tax  ordinance,  . 

Clock — public,  city  may  provide,  . 

Clothing — infected,  how  disposed  of, 

Coaches,  (see  Hackmen.) 

Coal,  to  be  sold  by  weight  unless  both  consent, 

Council  has  power  to  inspect  and  weigh,  . 
Coasting  or  Sledding,  on  certain  streets  prohibited, 
Code  of  Iowa,  certain  provisions  apply  to  cities, 
Combustibles,  (see  Fires,  Fire  Limits,) 
not  to  be  placed  near  buildings, 
charter  gives  power  to  regulate  storage, 
Collector,  (see  Marshal,  Deputy  Collector.) 


150 

39 


AND  ORDINANCES. 


XI 


Committees,  (see  ordinance  No.  92,)  ....  280,  285 

when  Council  may  act  by, 83 

Compensation,  (see  Officers,  Salary.) 

Complaint  Book  of  Health  Inspector, 182 

Concerts,  shows,  &c.,  to  be  licensed,  ....  229-230 

gift  concerts,  license  for, 230 

Contagious  Diseases,  (see  Cholera,  Health  of  City,  Small-pox,) 
Council  has  power  to  prevent  introduction  into  city 
Board  of  Health  ordinance,  .... 
Contested  Elections,  (see  ordinance  No.  46 — Elections). 
Contracts,  (see  Bids,  City  Engineer,  Orders). 

Charter  gives  city  power  to  make, 
how  to  be  signed  and  attested,  .... 
as  to  city  orders  and  decisions  respecting,  . 


38 

169 


28,  57 
57 
81 


80, 


duty  of  Chief  Engineer  in  making  and  letting,  129,  132,  231 
to  be  given  to  lowest  bidder,  .... 
two  weeks  notice  to  be  given, 
performance  of,  to  be  secured  by  bond,  . 
approved  and  recorded  by  City  Engineer,  . 
violations  of  reported,  .... 

City  Engineer  not  to  be  interested  in,  . 
contracts  must  refer  to  ordinances,  . 
power  of  Council  to  suspend,  &c., 
masonry  contracts,  how  measured,  .... 
must  be  made  with  authorized  agents  of  city, 
extent  of  agents’  authority  bound  to  be  noticed, 
control  reserved  over  contract,  effect  of, 
ratification  of  unauthorized  contracts,  . 
accepting  work  under  contract,  . 

implied  contracts, 

parol  contracts, 

when  appointment  of  officer  amounts  to  a contract, 
are  Councilmen  personally  liable  for  making  unauthor 

ized  contracts,  &c., 

as  to  power  to  make  negotiable  paper, 
how  far  audited  account  conclusive, 

Conveyances,  by  whom  executed,  .... 
tax  deed,  (see  taxes), 

Costs,  when  city  liable  for  before  Police  Magistrate,  . 137,  138 
Cotes  & Davies,  ordinance  granting  use  of  landing  expired,  119 
Council,  (see  Aldermen,  City  Council,  Charter.) 

County  Jail,  use  of  by  city, 

Credit,  city  cannot  lend  its  credit  to  others, 

Crimes  and  Misdemeanors,  an  ordinance  concerning, 

Culverts,  liability  of  city  with  respect  to, 

Curbing,  when  city  pays  for,  .... 

40 


130,  231 

130,  231 

131,  231 
131 

131 

132 
132 

62,  132 
287 
. 62 
62 

. 62 
62 

. 62 
63 
. 71 


. 73 

57,  81 
. 81 
63 


90 

. 61 
194 
87,  89 
232 


XII 


INDEX  TO  CHARTER 


D. 


Damages,  (see  Grade,  Suits.) 

Davenport,  (see  Charter,) 

list  of  charters  and  incorporating  acts,  ...  24 

list  of  Mayors  and  Aldermen  of,  ...  5 

present  charter  and  amendments,  ....  25 

Dangerous  Driving,  (see  Driving  Immoderately.) 

Davenport  Gas  Light  and  Coke  Company,  (see  Gas,  Lamps,) 

ordinance  granting  use  of  streets,  &c.,  . . . 163 

Debate,  (see  Rules  of  Order,) 280 

Debt,  limitations  on  amount  of  ’67, 


duty  of  finance  committee  and  clerk,  . 58, 121, 125, 126 

Dedication,  legal  principles  applicable  to  dedica- 
tion of  streets,  squares,  &c.,  to  city  and  the 
public, 70,  75,  76,  77 


Deeds,  (see  Taxation,  Sidewalks,) 

how  and  by  whom  executed,  , . . 63 

De  facto  officers,  acts  of  valid,  ....  61,  84,  85 

Depot  and  Farnam  Streets,  grade  established,  . . 151 

Deputy  Collector,  duty,  salary,  &c., 122 

Destitute  persons,  when  landed  in  city  to  be  cared  for,  178 

in  certain  cases  to  be  furnished  beds,  clothing,  &c.,  . 184 
Disorderly  Houses,  charter  gives  power  to  suppress,  . 39 

ordinance  concerning, 240 

Disorderly  Conduct  by  draymen,  &c.,  prohibited,  143,  144 

by  others,  prohibited, 195 

Dissolution  of  Corporation,  see  note  to  charter,  . . 62 

Distress  and  Sale,  for  taxes, 35 

Disturbance  of  Peace  prohibited, 195 

Docket  of  Mayor,  . 54 

Docks,  (see  Wharves,) 

power  of  Council  over,  &c., 39 

Dogs,  charter  gives  power  to  tax  and  restrain,  . . 38 

ordinance  to  prevent  increase  of,  ....  145 

when  to  be  muzzled  and  registered,  . . . 145 

taxing  of  and  mode  of  enforcement,  . . . 146-148 

when  “at  large”  defined, 84 

Dower,  widow  has  no  dower  in  streets  and  squares,  . . 77 

Drains,  (see  Sewers,  Surface  Water,) 

ordinance  concerning, 207 

Draymen,  Carmen,  Hackmen,  &c.,  shall  give  bond  and  obtain 

license, 140 

paint  number  on  dray  and  give  receipt,  . . 141 

what  charges  may  be  made, 141 


AND  ORDINANCES. 


XIII 


Draymen,  &c.,  penalty  if  acting  without  license,  . . 142 

penalty  for  over-charging, 142 

where  they  may  stop, 142,  143 

drivers  not  to  be  boisterous,  ....  143,  144 

term  of  license, 144,  247 

charter  gives  city  power  to  license,  tax,  regulate 

and  fix  prices, 39 

charter  gives  power  to  tax,  license  and  regulate,  . 39 

draymen,  &c.,  to  assist  at  fires, 275 

Driving  Immoderately,  (see  Horses,  Mules,  &c.,) 

charter  gives  power  to  prohibit,  . . . . 40,  85 

ordinance  prohibiting, 205 

such  ordinances  are  valid, 85 

conduct  of  drivers  regulated, 143 

drivers  not  to  use  profane  or  indecent  language,  &c.,  143, 144 

police  power  over, 143 

Drunk,  (see  Misdemeanors,) 

persons  found  in  streets  punished,  . . . .196 


E. 

Earth,  Gravel  and  Stone  not  be  removed  from  streets  and 


landing, 265 

contractor  not  to  dispose  of  except  under  direction  of 

Engineer, 131 

Elections,  (see  Charter,  Officers,  Vacancy,) 

one-half  of  Aldermen  elected  annually,  . . .30 

city  council,  judge  of  elections,  &e.,  ...  30 

Mayor  to  be  elected  annually,  . . . . 31,  119 

tie  vote  decided  by  lot, 31 

contested  elections, 31 

vacancy  in  Mayoralty  filled  by  election,  ...  31 

pro  tern.  Mayor  may  be  elected,  . . . 31,|32,  42 

elections  to  be  held  1st  Saturday  in  April,  . 32,  119 

council  to  appoint  judges  and  clerks,  . . . 32,119 

their  duties,  . 32,119 

clerk  shall  notify  persons  elected,  . . . .32 

when  to  qualify, 33,  120 

who  may  vote, 33 

illegal  voting  punished, 33 

Council  may  provide  for  election  of  city  officers,  . 37 

canvass  of  votes  by  Council,  . . . 30  and  note, 

all  vacancies  in  Aldermen  to  be  filled  by  election,  . 30 

ordinance  providing  for  election  of  city  officers,  . 119 

ordinance  (No.  46)  to  determine  tie  and  contested  elec- 
tions,   217 


XIV 


INDEX  TO  CHARTER 


Elections,  mode  of  proceeding,  duty  of  Clerk,  . 

. 217 

duty  of  contestant, 

217 

duty  of  incumbent, 

. 217 

mode  of  trial,  costs,  &c., 

217 

judgment, 

.218 

Eminent  Domain,  (see  Streets,) 

charter  gives  power  to  condemn  streets,  &c., 

45 

ordinance  to  carry  power  into  effect,  . 

. 234 

Engineer — city,  (see  Contracts,) 

office  created, 

128 

election  and  term, 

. 128 

oath  and  bond, 

129 

general  duties  as  to  contracts,  grades,  &c., 

129,  131,  231 

salary  of, 

. 133 

write  out  description  of  grades, 

133 

employed  by  lot  owner  to  ascertain  lines  of  lot  and 

grade  thereof, 

. 130 

report  violations  of  contracts, 

131 

approves  bond  of  contractor, 

. 131 

must  approve  and  record  contracts, 

131 

duty  when  buildings  and  fences  encroach  on  street,  132 

not  to  be  interested  in  contracts  and  penalty, 

. 132 

duty  as  to  establishment  of  grades, 

133 

may  be  removed  by  Council, 

. 132 

duty  under  sidewalk  and  grading  ordinances, 

221,  232-8 

Engineer — Chief,  (see  Fire  Department.) 

Engineers,  rate  of  speed  in  running  cars  in  city,  . 

. 160,  197 

Engine,  Engine  House,  &c.,  (see  Fire  Department,) 

engine  house  on  Brady  transferred  from  Fire  Depart- 

ment, 

. 247 

Epidemics,  (see  Health.) 

Estoppel,  city  may  be  estopped,  . 

70 

Evidence,  when  records  of  city  are  evidence,  &c., 

. 68 

ordinances,  when  judicially  noticed, 

82 

Excavation  of  Earth  in  Streets  (see  ordinance  No.  42,  Sec.  7),  203 

Exhibitions,  Shows',  &c.,  license  required, 

, 229 

Expulsion,  (see  Officers,) 

an  Alderman  may,  under  charter,  be  expelled  by  two- 

thirds  vote  of  all  elected, 

. 30 

Extra  Pay,  salaried  officer  cannot  in  general  claim, 

74 

F. 


Farnam  Street,  grade  of, 151 

Fences,  (see  Cliap.  105,) 

Council  may  regulate  parapet  fences, 


39 


AND  ORDINANCES. 


XV 


Fees,  (see  different  City  Officers,) 

of  jurors  and  witnesses  may  be  fixed  by  Council,  . 40 

when  city  liable  for  fees  and  costs,  . . 137,  138,  249 

Fifth  Street,  as  to  use  of  by  M.  & M.  R.  R.  Co.,  . . 90,  159 

Finances,  annual  statement  required, 53 

duty  of  Clerk  to  prepare  statement,  . . 121,  125 

duties  of  finance  committee,  . . . . . 126 

Fines,  Forfeitures  and  Penalties,  (see  ordinance  No.  41,)  200 
charter  gives  power  to  impose  and  recover,  . . 40 

charter  gives  power  to  imprison  if  not  paid,  . . 52 

were  it  not  for  this  city  could  not  impose,  . . 86 

recovered  in  name  of  city, 54 

persons  may  be  imprisoned  for,  ....  52 

to  be  paid  into  City  Treasury, 200 

imprisonment  not  to  exceed  thirty  days,  . . 201 

Filth,  (see  Nuisances.) 

Fighting,  &c.,  prohibited, 195 

Firearms,  Rockets,  Council  may  forbid  discharge  of,  . 40 

ordinance  relating  thereto, 145 

Fire  Crackers,  firing  of  prohibited,  without  permission,  145 
Fires,  (see  Chimneys,  Fire  Limits,  Combustibles,) 

charter  gives  city  power  to  prevent,  . . . 39 

an  ordinance  to  prevent, 149 

powers  and  duties  of  Fire  Wardens,  . . . 149 

power  to  enter  houses  and  examine,  ....  149 
may  give  directions  to  prevent  fires,  . . . 149 

platform  under  stove  required, 150 

pipe  and  chimneys,  how  to  be  fixed,  . . . 150 

shavings  and  combustibles  not  to  be  burned  in  street,  150 

hay,  &c.,  how  to  be  stacked, 150 

chimneys  to  be  cleaned  and  how,  ....  151 

kerosene,  &c. — how  kept,  &c., 157 

when  buildings  may  be  destroyed  at  fires,  . . 274 

Fire  Department,  (see  ordinance  No.  88,) 

certain  fines  go  to, 159 

ordinance  relating  to, 269 

of  whom  it  consists, 269 

duty  of  Chief  Engineer  and  assistants,  . . . 270 

compensation,  oath  and  bond  of  Chief  Engineer,  . 271 

vacancy  in  office,  how  filled, 271 

duty  of  Fire  Wardens  and  foremen  of  companies,  . 271 
fire  companies  formed,  duties  and  powers,  . . 272 

buildings  may  be  destroyed,  when,  ....  274 
police  force  and  regulations  at  fire,  . . . 274 

all  persons  present  subject  to  orders,  ....  275 
by-laws  of  companies  to  be  approved  by  Council,  . 276 


XVI 


INDEX  TO  CHARTER 


Fire  Department,  action  for  dues,  fines,  &c.,  . . . 276 

rate  of  speed  in  drawing  engines,  &c.,  . . . 276 

hose  protected, 276 

general  review,  when,  &c., 277 

members  exempt  from  poll  tax, 244 

Fire  Limits,  (see  ordinance  No.  24,) 

ordinance  fixing  and  defining,  ....  158 

no  wooden  buildings  in,  except,  . . . .158 

public  levee  is  included, 154 

privies  and  stables,  how  and  when  to  be  erected,  153,  154 

width  of  walls, 154 

penalty  for  violation, 154 

removal  of  buildings  into  prohibited,  . . . 154 

lumber  yards,  how  established  in  fire  limits,  . . 156 

buildings  in  fire  limits  to  be  numbered,  . . . 155 

kerosene,  &c.,  not  to  be  made  and  how  kept,  . . 157 

Fire  Wardens,  (see  ordinance  No.  21,)  ....  149 

who  are,  appointment  and  duties  of,  . . 149,  271 

badge  of  office, 271 

duty  of  under  kerosene  ordinance,  ....  159 

Forfeitures,  (see  Fines,  &c.) 

Front  Street,  width  of  sidewalk, 262 

Fourth  Street,  extension  of, 152 

Fruit,  &c.,  sales  of  in  streets,  when  prohibited,  ...  97 

Frame  Buildings,  (see  Fire  Limits.) 

Fulton  A.  C.,  reserved  landing  granted  to,  93,  69 

Funds,  different  funds  specified, 125-127 


G. 

Galleries —shooting,  (see  ordinance  No.  26,  Art.  2,) 

license  required,  . 163 

Gaming  Houses,  charter  gives  city  power  to  suppress,  . 39 

without  special  authority  city  cannot  punish  gambling,  84 
Games  of  Amusement,  (see  License,) 

license  must  be  had  for, 161 

amount  of  and  how  license  obtained,  . . . 162 

Garnishment  of  Corporations, 66 

Gas,  (see  Lamps,) 

city  charter  gives  power  to  city  to  light  streets,  . 39,  59 
if  more  than  half  of  owners  petition  city  may  levy 


special  tax  on  lot  owners, 59 

ordinance  relating  to  lighting  city,  . . . 163 

lamps,  when  to  be  lighted, 165 

penalty  for  injury  to  posts  and  lamps,  . . . 165 

Geese,  not  to  run  at  large  in  city, 229 


AND  ORDINANCES. 


XVII 


Gift  Concerts  and  Enterprises,  (see  ordinances  50  and  101,)  295 
Goods  Exposed  for  Sale  not  to  extend  into  sidewalk  more 

than  four  feet, 205 

Goodrich,  Wheeler  & Yantis,  privilege  to,  166 

Grades,  (see  Engineer  of  City,  Chap.  14,) 

city  has  power  to*grade, 38 

when  liable  for  changing  grade  of  streets,  . 46  and  note, 

grade  of  streets  to  be  established  by  ordinance,  . . 133 

city  must  use  care  in  grading,  ....  87 

grades  ascertained  for  lot  owners,  ....  130 

ordinance  as  to  grading,  &c.,  streets,  and  mode  of  pro- 
ceeding,   231 

Grave  Yards,  (see  Cemetery,)  ....  28,  85,  134 

Grants  of  special  privileges  repealable,  when,  . . . 237 

Gravel  not  to  be  removed  from  landing,  ....  265 
Guardian,  (see  Chap.  107,) 

for  infants  in  proceedings  to  condemn  property,  . 50 

Gunpowder,  &c.,  charter  gives  power  to  regulate  storage  of,  39 
ordinance  regulating  quantity,  &c.,  (see  Chap.  102,)  295 

Guns,  (see  Fire-Arms,) 

rubber  guns  prohibited  (see  Chap.  107),  . . . 299 

Gutters,  by  whom  cleaned, 180 

width  of  fixed, 262 

costs  of,  how  to  be  paid, 232 

H. 


Hackmen,  (see  Draymen.) 

Harrison  Street,  width  of  gutters, 263 

Hawkers  and  Pedlars  may,  by  charter,  be  licensed  and  taxed,  39 

ordinance  requiring  license, 184 

amount  of  license  and  how  obtained,  ....  185 

Hay,  charter  gives  city  power  to  inspect  and  weigh,  . 41 

ordinance  relating  to  weighing  of,  . . .114 

hay  scales  authorized  on  Harrison  street  to  Wm.  Ren- 
wick,  (see  Chap.  94.) 

hay,  where  and  how  to  be  stacked,  ....  150 

Health  of  City,  (see  Nuisance,  Hogs,  Geese,) 

charter  gives  city  power  to  secure,  ....  38 

to  make  and  enforce  quarantine  law,  . . . 38 

to  prevent  introduction  of  contagious  diseases,  . . 38 

ordinance  to  secure  health  of  city,  . . . . 166 

duty  of  butchers  and  of  Marshal,  . . . .166 

duty  of  lot  owners  to  keep  lots  clean,  . . . 168 

penalty  for  not  doing  so, 168 

Board  of  Health  may  be  organized  by  Mayor,  . 169 


XVIII 


INDEX  TO  CHARTER 


175, 


174, 


Health  of  City,  Powers  and  duties  of  Board  when  organized,  170 
Board  may  establish  quarantine  laws, 

duty  of  steamboats, 

lot  owner  or  occupant  to  keep  same  clean, 
lot  owner  to  clean  paved  gutters  and  penalty,  . 
slops  and  garbage,  how  disposed  of, 

manure,  how  disposed  of, ♦ . 

office  of  Health  Inspector  created,  .... 
powers,  duties  and  compensation  of  this  officer,  170, 171 
cellars  to  be  purified  (see  Cellars.) 
power  of  health  officers  over  boats,  freights, 
power  to  destroy  infected  beds,  clothing,  &c., 

power  over  privies,  &c., 

Health  Inspector,  (see  Health  of  City,  Hogs,) 

power  over  boats, 

office  created  and  duties  defined, 
shall  keep  complaint  book,  .... 
has  all  the  power  of  Marshal,  .... 
election  and  compensation,  .... 
power  and  duty  as  respects  infected  beds,  &c.,  . 
power  and  duty  as  respects  privies, 

High  Street  vacated  and  re-located  (see  Chap.  95), 

Highways,  (see  Alleys,  Streets,) 

alleys  declared  to  be, 

Hogs,  (see  Dogs,  Geese,  Health  of  City,) 

prohibited  from  running  at  large  in  city,  . 
when  at  large  declared  nuisances,  . 
taking  up  and  sale — fees  of  officers,  &c., 
owner  made  personally  liable, 
prohibited  from  being  kept  in  certain  parts  of  city, 
allowed  in  certain  parts  under  restrictions, 
sale  and  penalty  for  violations,  .... 
fees  of  Marshal  or  health  officer, 
rescue  and  resistance  punished,  .... 
Hoistways,  city  may  require  inside  of  stores, 

Horses,  Mules,  &c.,  (see  Misdemeanors,) 
prohibited  from  running  at  large, 
penalty  and  proceedings,  .... 

owner’s  liability, 

not  to  be  driven  carelessly,  &c.,  in  streets, 
not  to  be  driven  dangerously, 
not  to  obstruct  or  be  on  sidewalks  or  footway,  &c.,  196,  205 
stallions  and  jacks  prohibited  unless,  &c.,  . . 197 

not  to  be  carelessly  driven, 196 

hitching  to  public  lamp  posts  prohibited,  . 166,  279 

not  to  be  tied  to  shade  trees, 216 


178 
178 
171 
180 
180 
181 
182 
182 

176 
188 
. 214 

178 
. 180 
180 
. 180 
183 
. 183 
214 
. 288 

98 

. 223 
223 
. 224 
225 

225-29 

226,  227 
. 228 
228 
85 


185 

186 
186 
196 
205 


195, 


AND  ORDINANCES. 


XIX 


Horses,  &c.  Charter  gives  power  to  prohibit  fast  driving,  40 

not  to  be  shod  in  streets, 202 

Hose,  protected  from  injury, 27G 

Horse  Railways,  right  of  city  to  grant  use  of  streets  to,  . 00 

Houses  of  III  Fame,  charter  gives  power  to  suppress,  . 39 

ordinance  to  suppress, 183,  240 

declared  nuisances, 240 

keepers  and  visitors  to  be  punished,  ....  240 
rules  of  evidence  in  such  cases,  ....  240 

when  entered  by  force, 241 

house,  how  examined  and  closed,  ....  241 

Huckster  defined, 83 

Hydrants  and  Pumps,  charter  gives  city  power  to  erect,  38 

I. 

Ice  and  Snow,  removal  from  sidewalk,  . . .84,  90,  252 


III  Fame,  (see  Houses  of.) 

Illegal  Voting,  (see  Voters.) 

Imprisonment,  (see  ordinance  No.  41,  Art.  2,) 

charter  gives  power  to  in  certain  cases,  . . .52 

otherwise  it  would  not  exist, 65 

cannot  exceed  thirty  days, 201 

Improvements,  (see  Sidewalks,  Streets,  Local  Assessments.) 

Impounding,  (see  Dogs,  Hogs,  Pound,) 225 

Infectious  Diseases,  (see  Health  of  City,  Cholera,  Small-pox.) 
Inspection,  power  to  provide  for  inspection  of  articles 

given  by  charter, 39,  40 

Indecency  prohibited, 144, 196 

Inflammable  Substances  regulated,  . . . . 157 

Inspector — Health,  (see  Health  of  City.) 

Interments,  city  may  prohibit  intra-mural  interments,  . 85 

Intoxicating  Liquors,  power  given  by  charter,  . . 39,  40 

ordinance  relating  to  repealed, 242 

as  to  power  of  city  to  license,  ....  64  (notes) 

Intoxicated  Persons,  duty  of  Marshal  to  arrest,  . . .196 

Injuries,  (see  Chapters  105  and  107,) 

to  lamp  posts  punished, 165 

Indefinite  Postponement,  motion  for,  . . . 284 

J. 

Jacks  and  Stallions  not  to  be  professionally  exercised  in 


public  view, 197 

Jail,  use  of  by  city, 90 

Jenny  Lind  Table,  license  required,  ...  .161 

41 


XX 


INDEX  TO  CHARTER 


Journal  of  Proceedings  required  by  charter,  ...  30 

to  be  signed  by  Clerk,  &c., 54 

its  effect  as  evidence, G8 

ordinances  to  be  recorded  therein,  ....  128 

Judgments  against  city,  when  liens  on  its  property,  . 29  (note) 
appeal  lies  from  judgments  of  Mayor,  &c.,  . . 50,  5G 

city  can’t  pay  judgment  in  scrip,  GG 

judgment  for  fines,  liow  collected,  ....  200 

Jurors,  fees  of,  in  city  cases,  may  be  regulated  by  city,  . 40 

Justice  of  Peace,  Mayor  is  tx  officio  Justice  of  the  Peace,  43 

same  as  to  Police  Magistrate, 58 

Jugglers,  license  required, 230 

K. 

Kennedy  W.  W.,  certain  privileges  granted  to,  . . 268 

Kerosene,  storage  keeping,  manufacturing,  &c.,  regulated,  157 
not  more  than  five  barrels  to  be  kept  in  fire  limits,  . 158 

must  be  retailed  by  daylight  or  gaslight,  . . 158 

how  stored  outside  fire  limits, 159 


L. 

Landing — public,  (see  Wharfs,) 

obstructions  on  forbidden, 265 

lumber,  &c.,  how  long  to  remain,  . . . 265,  267 

steamboat  landing  defined, 264 

raft  landing  defined, 264 

gravel,  stone,  &c.,  not  to  be  removed,  . . . 265 

privileges  granted  Burrows  & Prettyman  and  Strong 

Burnell, 112 

included  in  fire  limits, 154 

“ Landing — Reserved,”  (see  Wharf,) 

decision  of  Supreme  Court  respecting,  . 69,  70,  71,  72 

dedication  of  landings, 76 

extracts  from  city  records  respecting,  ...  93 

Lamps,  (see  Gas,  Chap.  105,) 298 

public  lamp  post  defined,  ....  164  (note) 

lamp  posts  protected  and  hitching  to  forbidden,  166,  279 
lamp  and  lamp  districts,  ordinance  relating  to,  (see 

Chap.  91,) 278 

Land,  proceedings  for  taking  for  streets,  &c.,  . 45-51,  234 

when  sold  for  taxes, 36,  37 

city  may  hold  in  trust  for  certain  purposes,  . . 63 

city  may  acquire,  hold  and  convey,  . . 28  (note) 

Lewd  Conduct  prohibited, 196 


AND  ORDINANCES. 


XXI 


Lectures,  when  license  required,  .... 

. 229 

Liability  of  City,  (see  Contracts,  Officers,  Suits.) 

Licenses,  (see  Clerk  of  City,  Wharf,) 

charter  gives  power  to  require  in  a variety  of 

cases,  . 39 

this  power  is  valid, 

. 64,  84 

for  auctioneers  required,  .... 

. 113 

city  not  liable  for  misconduct  of, 

88 

for  theatres,  shows,  exhibitions,  &c.,  . 

. 229 

for  hawkers  and  pedlars,  . . . . 

184 

for  pawnbrokers, 

. 244 

for  drays,  hackmen,  &c., 

140 

for  shooting  galleries, 

. 163 

for  games  of  amusement, 

161 

to  sell  lumber, 

. 242 

not  transferable, 

236 

when  to  terminate,  . . 

. 144,  247 

power  to  reduce, 

184  (note) 

Liquors,  (see  Intoxicating  Liquors.) 

Limitations,  statute  of, 

. 66 

Le  Claire’s  Second  Addition  annexed  to  city, 

97 

Loans  by  City  of  $59,000, 

. 188 

of  $40,000, 

238 

of  $75,000, 

. 238 

of  $200,000, 

259 

Local  Assessments  and  Improvements,  . 67,  68,  221,  223 

(See  Sidewalk,  Streets,  Taxation.) 

special  tax  may  be  levied,  on  petition,  &c., 

59 

power  must  be  strictly  pursued,  ) 

68 

decisions  respecting,  ....  67, 

, 68,  221,  223 

Lot,  (see  Elections,) 

217 

Lowest  Bidder,  (see  Contract,)  .... 

. 130 

LuxMber,  (see  Fire  Limits,) 

charter  gives  right  to  inspect  and  measure, 

39 

ordinance  as  to  inspection  and  measurement, 

. 187 

transient  dealers  in  taxed,  .... 

242 

amount  of  license,  penalty,  Ac.,  . 

. 243 

yards  in  fire  limits, 

156 

how  long  to  remain  on  landing,  . 

. 265 

M. 

Macadamizing,  (see  Sidewalk  ordinance  and  note,) 

special  tax  for  when  authorized  by  charter, 

. 59 

an  ordinance  relating  to, 

231 

duty  of  Engineer  under,  .... 

. 231 

what  part  city  pays  for, 

232 

mode  of  collection, 

. 232-233 

XXII 


INDEX  TO  CHARTER 


Magistrate — Police,  (see  Police  Magistrate.) 

Main  Street,  width  of  sidewalk, 262 

continuation  of, 193 

width  of,  . 193 

Manure,  how  disposed  of, 181 

Mandamus,  (see  Taxation,) 

to  compel  levy  of  tax,  when,  . . . . 34, 68 

to  compel  delivery  of  books  and  records,  . . 69 

Manufacture  of  Combustibles  regulated,  ....  157 
Maps  and  Plats,  officers  to  preserve,  . . . 129,  136 

Market  and  Market  Houses,  charter  gives  power  to 

erect  and  establish, 39 

decisions  of  Supreme  Court  on  this  part  of  charter,  193 
ordinance  relating  to  market  houses,  . . . 190 

repeal  of  same, 192,  236 

decisions  of  court  relating  to  market  and  market 

houses, 62,  86,  193 

Mayor,  (see  this  “index”  title  Charter,  Art.  3 and  6,) 

holds  office  for  one  year, 31,119 

who  eligible, 31 

tie  vote,  vacancy,  absence, 31 

presides  and  gives  casting  vote,  ....  42 

Mayor  pro  tem., 31,42 

duties,  powers  and  jurisdiction,  ....  43 

salary  and  removal, 44 

has  two  functions — 1st,  executive  and  municipal,  31,  72 

2d,  judicial,  . . . . 43,  72 

bond  required, 43,  120 

election,  oath  and  bond, 119, 120 

docket  of, 54 

executes  tax  deeds, 36 

absence  or  inability  of  Mayor,  . . . . 32,  72 

his  powers  and  duties  depend  upon  charter  and  ordi- 
nances,   72 

appoints  pro  tem.  City  Solicitor, 118 

shall  sign  all  city  contracts, 57 

issue  proclamations  to  muzzle  dogs,  . . . .146 

fixes  amount  of  bonds, 120 

salary  fixed, 138 

deduction  for  absence, 139 

may  appoint  Board  of  Health, 169 

is  president  of  same, 169 

appoints  wharf  master, 265 

may  direct  removal  of  buildings  at  fires,  . . 274 

appoints  standing  committees  (see  Chap.  92),  . . 284 

appoints  Health  Inspector, 182 


AND  ORDINANCES. 


XXIII 


Mayor,  action  of  in  cases  of  nuisances,  .... 
appoints  police  force  and  is  head  of 

may  remove  policemen, 

may,  with  consent  of  Council,  make  police  rules, 
duty  as  respects  dangerous  shade  trees, 
has  charge  of  armory  in  riots, 

Mayor  presides  in  Council,  .... 

appeal  from  his  decisions  to  Council, 

gives  casting  vote, 

how  to  be  addressed, 

Marshal,  oath  and  bond  as  Collector, 

what  to  collect,  and  when  to  pay  over,  . 
mode  of  collection  of  taxes,  .... 

omitted  property  to  be  assessed  and  error  reported, 
distress  and  sale  —receipts,  &c., 
return  of  tax  warrant,  .... 
sale  and  redemption  of  real  estate, 
collector’s  fund,  settlement  and  penalty  for  neglect, 
election,  term,  bond,  oath,  &c., 
duty  to  enforce  ordinances, 
complaint  may  be  made  to  him, 
must  make  reports  to  Council, 

Assessor  made  Deputy  Collector, 

Marshal  must  receive  all  money, 
books  to  be  kept  by  him, 
pay  over  to  Treasurer  all  moneys, 

salary  and  fees, 

must  attend  meetings  of  Council, 
effect  of  failure  to  do  so, 
power  over  drivers  of  hacks,  &c., 
duty  in  relation  to  dogs,  . 

duty  in  relation  to  licenses, 
duties  in  connection  with  Board  of  Health, 
duty  to  seize  horses  running  at  large,  and  fee, 
shall  arrest  persons  intoxicated, 
shall  institute  suits  for  penalties, 
shall  give  permission  to  persons  building  to  use  a cer- 
tain portion  of  street,  .... 

shall  examine  foul  buildings,  &c.,  and  direct  the  clean- 
ing of  them, 204 

shall  notify  persons  to  fill  up  places  containing  stagnant 

water, 206 

shall  remove  nuisances, 208 

shall  notify  persons  to  repair  sidewalks,  . . 220 

shall  enforce  ordinance  relating  to  shows,  &c.,  . 228 

shall  collect  macadamizing  taxes,  ....  232 


. 

209 

211 

212 

212 

216 

278 

42, 

281 

281 

281 

281 

100, 

119 

100 

102 

1, 

103 

104 

105 

. 106-8 

t,  . 

109 

119, 

120 

121 

121 

122, 

124 

122, 

124 

123 

123, 

,124 

122, 

124 

137 

139 

140 

143 

146 

-149 

162 

170, 

171 

185, 

, 186 

196 

200 

203 


XXIV 


INDEX  TO  CHARTER 


Marshal,  shall  arrest  persons  driving  sleighs  without  bells, 
shall  have  charge  of  the  Council  Room  and  attend 

meetings  of  the  Council, 

shall  deliver  papers  to  officers,  .... 

shall  bring  suits  for  penalties, 

shall  pay  over  fines, 

power  over  privies, 

duty  as  to  shade  trees, 

interference  with  punished, 
duty  to  enforce  license  ordinance,  . 
duty  as  to  houses  of  ill  fame, 
duty  under  poll  tax  ordinance, 

is  City  Armorer,  

Masonry,  how  to  be  measured,  (see  Chap.  93),  . 

Measures,  (see  weights  and  measures,) 
measurement  of  wood,  &c., 
measurement  of  lumber, 


250 

280 
28G 
. 200 
200 
. 215 
216 
224,  228 
230 
. 240 
258 
. 278 
287 


114 

187 


Meetings  of  Council,  (see  Charter,  Council,) 

validity  of  corporate  meetings,  quorum,  . . 29  (note) 


twelve  regular  meetings  required  by  charter,  . 31 

special  meetings,  when  to  be  held  and  called,  31,  42,  280 

decisions  referred  to, 60,  61 

ordinance  relating  to  corporate  meetings,  . 250,  280 

notices  of  special  meetings,  how  served,  . . . 280 

rules  and  order  of  business, 280 

Minutes,  to  be  read  in  Council, 281 

Misdemeanors,  (see  Nuisance,  Health  of  City,) 

ordinance  concerning, 194 

three  or  more  unlawfully  assembling,  . . .194 

noisy  disturbances  of  public  quiet,  . . . 195 

horses  and  wagons  on  sidewalk  and  street  foot  way 

crossings  prohibited, 195 

indecent  and  lewd  behavior  punished,  . . . 196 

careless  driving  prohibited, 196 

drunken  persons  in  streets  punished,  . . . 196 

stallions  and  jacks  not  to  be  let  unless,  &c.,  . . 197 

cars  limited  to  six  miles  per  hour,  . . . . 197 

M.  & M.  R.  R.  Co.,  (see  cars,  railroads,  taxes,! 

granted  use  of  5th  street,  on  conditions,  . . 159,  90 

rate  of  speed  not  to  exceed  six  miles  per  hour,  160,  197 
bells  to  be  kept  continually  ringing,  (see  Chap.  104,)  160, 197 
decision  of  Supreme  Court  respecting  the  use  of 
streets  of  city  referred  to,  ....  79,  90 

grade  of  Depot  and  Farnam  streets,  . . . 151 

Mobs,  power  to  suppress, 67 

city  not  liable  for  property  destroyed,  ...  88 


AND  ORDINANCES. 


XXV 


Mobs,  Mayor  has  charge  of  Armory  in  riots  and  mobs,  . 278 

Motions,  when  charter  is  silent  as  to  mode,  city  may  act  by 

motion  or  resolution, 82 

motions  to  be  seconded,  and  in  writing  if  required,  . 282 
may  be  withdrawn  before  decision  or  amendment,  . 282 

order  of  motions  and  when  debatable,  . . 283 

motion  to  lay  on  table, 283 

other  motions, 282,  285 

motion  to  amend,  refer,  postpone  and  rconsider,  . 284 

Money,  action  to  recover  back,  ....  35  note,  88 

how  appropriated, 66 

rule  as  to  appropriations,  (see  Chap.  92,  Rule  39£). 

Mules,  (see  Horses), 

not  to  run  at  large, 185 

Muzzled,  dogs,  when  to  be, 145 

X. 

Naked  Persons,  public  appearance  of  punished,  . . .196 

Naptha,  (see  Fire  Limits.) 

Navigation  op  River,  (see  Landing,  Wharf,  and  Wharfage,) 

charter  gives  city  power  to  improve  and  preserve,  . 39 

decision  of  Supreme  Court, 69-72 

ordinance  to  preserve, 264 

Neglect,  when  city  liable  for  neglect  of  its  officers 

and  agents, 73,  75,  87,  89 

Nine-pin  Alley,  license  required,  ....  133,  161 

Notes,  (see  Bills  and  Notes.) 

Notice  to  city  of  unsafe  condition  of  its  streets  as  an  element 

of  liability, 89 

Nuisances,  (see  Health  of  City,  Marshal,  Streets,) 

charter  gives  city  power  to  declare,  prevent  and  abate,  38 

under  code, 66 

city  cannot  create  nuisance  on  its  own  property,  . 87 

author  of  nuisance  liable  directly  or  over  to  city  for 
injury  done  by  the  nuisance,  ....  90,208 

ordinance  to  prevent, 166 

slaughter  houses,  how  to  lie  kept  and  cleaned,  . 168,  171 

lot  owner  not  to  cause, 171 

slops,  garbage,  &c.,  how  disposed  of,  . . . .180 

manure,  how  disposed  of, 181 

ordinance  to  prevent  and  abate  nuisances  on  streets  and 

sidewalks, 201 

duty  of  Marshal  to  abate  nuisances,  . . 208 

soap  boilers,  &c.,  not  to  create  nuisances,  . . . 204 

privies,  when  a nuisance  and  how  cleaned,  &c.,  . 214 


XXVI 


INDEX  TO  CHARTER 


Nuisances.  Nauseous  and  foul  discharges  into  streets  pro- 
hibited,   204 

carion  and  filth  not  to  be  placed  in  streets,  &c.,  . 204 

hogs  at  large  declared  to  be, 223 

houses  of  ill  fame  declared  nuisances,  . . . 240 

Numbering  of  buildings  in  fire  limits, 155 

O. 

Oath,  (see  various  city  officers,  as  Clerk,  &c.,) 

charter  requires  oath  from  Mayor  and  Aldermen,  . 30 

when  to  be  taken,  . . . . . . . 33 

bond  and  oath  required  by  charter  of  city 
officers, 37,  38,  120, 121 


form  of  oath  of  office, 120 

oath  of  Commissioner  to  condemn  property,  . . 4G 

trial  for  violating  oath, 121 

Obstructions,  (see  Landing,  Streets,  Sidewalks,) 

Offenders,  charter  gives  power  to  punish,  ....  52 

(See  Misdemeanors.) 


Officers,  (see  Attorney,  Bond,  Council,  Clerk,  Elections,  Engi- 
neer, Health  Inspector,  Marshal,  Mayor,  Oath,  Salary, 
Vacancy,) 

removal  from  ward  vacates  office  of  Alderman,  . 29,  74 
Council  determines  contested  election,  . . 30,  217 

tie  elections, 31,  217 

vacancy,  how  filled, 31,  32,  55 

election  for  city  officers,  when  and  how,  . 32,  119,  258 

when  officers  to  qualify, 33,  120 

who  may  vote, 33 

what  officers  to  be  elected  and  what  appointed,  37  and  note, 
oath  and  bond  may  be  required,  ...  38,  120 

removal  of  Mayor  from  office,  how,  ...  44 

Council  may  remove  certain  officers,  . . .37  (note) 

decisions  as  to  vacancies, 73,  74 

action  of  de  facto  officers  valid,  . . . . 61,  84,  85 

power  of  Council  to  indemnify  its  officers,  . . 73 

when  city  liable  for  acts  of  its  officers,  73,  75,  87,  133  (note) 

personal  liability  of  officer, 73 

general  rules  of  law  as  to  compensation,  . . 74 

extra  pay  cannot  be  claimed, 74 

when  his  appointment  is  a contract,  . . . 75 

entitled  to  actual  notice  of  removal  by  Council,  . 74 

when  Council  may  appoint  or  elect,  . . . 258 

effect  of  failure  and  neglect  of  Marshal  and 
officers  to  perform  duties,  . . .37  (note),  109 


AND  ORDINANCES. 


XXVII 


Officers,  when  to  settle 


&c„  . . . 101,  m 

trial  and  removal  of  officers  by  Council, 
resignation,  to  whom  made, 
ordinance  fixing  salaries,  &c., 
compensation  of  health  officers, 
interference  with  officers  punished, 

Official  Bonds,  (see  Bonds,  Officers.) 

Openings  in  Streets,  (see  Grates,  Sidewalks,  Streets,) 
Orders  or  Warrants.  “ Order  book  ” required  by  char- 
ter, and  how  kept, 54 

orders  to  be  signed  by  Mayor  and  attested  by  Clerk, 


109,  123-126 
. 121,  132 
74 
. 136 

173,  183 
200,  213,  228 


89 


80, 


125 
57 
81 
81 
81 
81 
81 
81 

124 

125 

125 
125-6 

126 

128 

280 

281 


not  negotiable  so  as  to  cut  off  defense  by  city, 
cannot  issue  warrant  for  more  than  amount  due, 
audited  accounts,  how  far  binding  on  city, 
paid  orders  void  even  if  re-issued, 
may  issue  orders  for  legal  debts, 
orders  on  special  fund,  . 
orders,  how  to  be  cancelled,  .... 
all  orders  to  be  entered  by  Clerk  in  books, 
receipt  for  orders  delivered  to  be  taken, 
report  respecting  orders  by  Clerk, 
report  respecting  orders  by  finance  committee, 
no  order  to  be  issued  till  allowed  by  Council, 

Order  of  Business,  rules  of, 

order  of  business  prescribed,  .... 

Ordinances,  charter  gives  city  power  to  pass  on  many  subjects,  37 
must  not  conflict  with  State  law7,  . . .40,  65,  81 

must  be  reasonable,  consistent  with  law7  and  pub- 
lic policy  and  not  unequal,  . . . 81,  82,  83 

valid  ordinance  of  equal  force  with  a general  law,  82,  85 

when  city  may  act  by  motion  or  resolution,  . . 82 

signing  of  ordinances,  when  essential,  . . .57,  82 

when  and  by  what  courts  judicially  noticed,  . . 82 

no  force  outside  of  city, 82 

resolution  and  ordinance  distinguished,  ...  82 

prosecutions  for  violation  are  quasi  criminal,  . 82 

general  power  to  pass  (see  Charter,  p.  40)  construed,  83 
what  power  Council  can  and  cannot  delegate,  . . 83 

must  not  be  in  restraint  of  trade,  ....  84 

ordinances  under  police  powTer, 84 

city  cannot  make  unjust  discriminations,  . . 85 

may  be  good  in  part  and  void  in  part,  ...  86 

ordinances  to  be  recorded  and  preserved  by  Clerk,  128 

compensation  for  recording, 128 

how  changed  and  amended,  see  Chap.  92,  Rule  40. 
punishment  for  violating  ordinances,  . . . 201 

42 


XXVIII 


INDEX  TO  CHARTER 


Ordinances,  repeal  of  and  effect  of,  . . . 230,  237 

ayes  and  nays  required  in  adopting,  repealing,  or 

amending  ordinance, 282 

committee  on  ordinance  to  be  appointed,  . . . 284 

eight  votes  necessary  to  pass  ordinance  at  first  meeting,  282 
amendments  to  be  written  out  in  full,  . . . 286 

Different  chapters  of  revised  ordinances,  to-wit  : 

Chapter  1 includes  Le  Claire’s  2d  addition.  . 97 

Chapter  2,  auction  of  fruits,  &c.,  on  streets,  . 97 

Chapter  3,  alleys  declared  public  highways,  . . 98 

Chapter  4,  revenue  ordinance,  ...  98,  100 

Chapter  5,  extension  of  Brady  street,  . . .111 

Chapter  6,  bathing  prohibited,  . . . . Ill 

Chapter  7,  allowing  Burrows  & Prettyman  to  erect 

bulkhead, 112 

Chapter  8,  allowing  S.  Burnell  to  use  part  of  landing,  112 

Chapter  9,  relating  to  auctioneers,  . . . 113 

Chapter  10,  weighing  and  sale  of  hay,  coal  and  wood,  114 
Chapter  11,  as  to  City  Solicitor  and  his  duties,  . 117 

Chapter  12,  allowing  use  of  part  of  landing  to  Cotes 

& Davies, 119 

Chapter  13,  providing  for  election  of  Mayor,  Clerk, 

Treasurer  and  Marshal, 119 

Art.  II,  Deputy  Collector,  . . . . 122 

Art.  Ill,  books  and  accounts,  . . . .123 

Art.  IV  and  V,  vacancies  and  duty  of  Clerk,  127, 128 
Chapter  14,  as  to  City  Engineer  and  his  duties,  . 128 

Chapter  15,  as  to  Street  Commissioner  and  Sexton,  133 


Chapter  16,  as  to  City  Assessor,  . 

135 

Chapter  17,  as  to  salaries  of  city  officers, 

. 136 

Art.  II,  Mayor  and  Aldermen, 

138 

Art.  Ill,  other  officers,  .... 

. 139 

Art.  IV,  to  secure  attendance, 

139 

Chapter  18,  as  to  draymen,  carmen,  Ac., 

..  140 

Art.  11,  draymen  and  teamsters,  . 

142 

Art.  Ill,  licenses,  term  of,  ... 

. 144 

Chapter  19,  as  to  discharge  of  firearms,  rockets, 

&c.,  145 

Chapter  20,  as  to  dogs,  .... 

145 

Chapter  21,  ordinance  to  prevent  fires,  . 

. 149 

Chapter  22,  as  to  Depot  and  Farnarn  street, 

151 

Chapter  23,  extension  of  Fourth  street,  . 

. 152 

Chapter  24,  fire  limits  established, 

153 

Art.  II,  building  to  be  numbered,  . 

. 155 

Art.  Ill,  lumber  yards,  .... 

15G 

Art.  IV,  kerosene,  &c.,  .... 

. 157 

Chapter  25,  use  of  5th  street  by  R.  R.  Co.,  . 

159 

AND  ORDINANCES. 


XXIX 


Ordinances,  different  chapters  of,  to-wit : 

Chapter  20,  to  license  games  of  amusement,  . . 161 

Chapter  27,  gas  ordinance  and  street  lamp,  . 163 

Chapter  28,  Goodrich,  Wheeler  & Yantis  granted  cer- 
tain privileges  repealed,  . . . .166 

Chapter  29,  to  secure  health  and  prevent  nuisances,  1G6 
Part  1,  general  ordinance,  ....  166 

Part  2,  Board  of  Health, 169 

Part  3,  Health  Inspector,  &c.,  . 180 

Part  4,  contagious  diseases,  . . .183 

Chapter  30,  as  to  hawkers  and  pedlars,  . . 184 

Chapter  31,  horses  restrained  from  running  at  large,  185 
Chapter  32,  as  to  public  landing  (see  Chap.  84),  . 186 

Chapter  33,  relief  to  Le  Claire  and  Davenport,  . 187 

Chapter  34,  inspection  and  measurement  of  lumber,  187 

Chapter  35,  loan  for  $59,000, 188 

Chapter  36,  market  house  ordinances,  . 190 

Chapter  37,  extension  of  Main  street,  . 193 

Chapter  38,  concerning  Misdemeanors,  . . 194 

Chapter  39,  extension  of  Twelfth  street,  . . 198 

Chapter  40,  extension  of  Perry  street,  . . 198 

Chapter  41,  relating  to  penalties,  ....  200 

Chapter  42,  abatement  and  removal  of  nuisances,  201 

Chapter  43,  police  ordinance, 211 

Chapter  44,  as  to  privies, 214 

Chapter  45,  as  to  shade  trees  (see  Chap.  105),  . 215 

Chapter  46,  tie  and  contested  elections,  . . 217 

Chapter  47,  fixing  width  of  7th  street,  . . . 219 

Chapter  48,  construction  of  sidewalks,  . . 220 

Chapter  49,  hog  ordinances, 223 

Art.  I,  restraining  hogs,  ....  223 

Art.  II,  hog  limits,  &e., 225 

Art.  Ill,  restraining  geese,  ....  229 

Chapter  50,  licensing  shows,  exhibitions,  concerts, 

&c., 229 

Chapter  51,  streets,  sidewalks  and  public  landing,  231 
Chapter  52,  licenses  not  transferable,  . . . 236 

Chapter  53,  repeal  of  market  ordinances,  . . 236 

Chapter  54,  right  to  repeal  ordinances  reserved,  &c.,  236 
Chapter  55,  loan  of  $40,000,  ....  238 

Chapter  56,  loan  of  $75,000, 238 

Chapter  57,  vagrancy  ordinance,  . . . 240 

Chapter  58,  sale  of  intoxicating  liquors  (repealed ) 242 

Chapter  59,  as  to  transient  lumber  dealers,  . . 242 

Chapter  60,  firemen  exempt  from  poll  tax,  . 244 

Chapter  61,  as  to  pawnbrokers,  ....  244 


XXX 


INDEX  TO  CHARTER 


Ordinances,  different  chapters  of,  to-wit : 

Chapter  62,  as  to  salaries  of  city  officers,  . . 246 

Chapter  63,  as  to  engine  house,  ....  247 

Chapter  64,  when  licenses  end,  ....  247 
Chapter  65,  wards  established  and  bounded,  . 247 

Chapter  66,  City  Physician  abolished,  . . . 248 

Chapter  67,  relief  Strong  Burnell,  . . . 249 

Chapter  68,  sidewalk  assessment,  ....  249 

Chapter  69,  compensation  of  policemen  repealed,  249 

Chapter  70,  fees  Police  Magistrate,  . . . 249 

Chapter  71,  alley  in  block  91  vacated,  . . . 250 

Chapter  72,  time  for  regular  meetings  of  Council,  250 
Chapter  73,  bells  to  be  used  in  sleighing,  . . 250 

Chapter  74,  coasting  on  certain  streets  prohibited,  251 
Chapter  75,  errors  in  Assessor’s  book,  . . . 251 

Chapter  7G,  ice  and  snow  on  sidewalk,  . . . 252 

Chapter  77,  road  poll  tax  ordinance,  . . . 252 

Chapter  78,  appointment  and  election  of  officers  by 

Council, 258 

Chapter  79,  as  to  loan  of  $200,000,  . . . 259 

Chapter  80,  width  of  certain  sidewalks,  gutters,  &c.,  262 
Chapter  81,  Macadamizing  Perry  Street,  . . . 263 

Chapter  82,  vacating  roads  in  Mitchell’s  addition,  263 
Chapter  83,  Lowry,  Thomas  & Co.,  to  construct  side 

track, 263 

Chapter  84,  as  to  public  landing,  ....  264 
Chapter  85,  lumber  yards  in  city,  . . . 268 

Chapter  8G,  W.  W.  Kennedy  granted  certain  privi- 

liges, 268 

Chapter  87,  numbering  of  buildings  in  fire  limits  . 269 

Chapter  88,  fire  department  ordinance,  . . 269 

Chapter  89,  as  to  suits  against  city,  . . . 277 

Chapter  90,  city  armory, 278 

Chapter  91,  lamps  and  lamp  districts,  . . . 278 

Chapter  92,  rules  and  order  of  business,  . . 280 

Chapter  93,  masonry,  liow  measured,  . . . 287 

Chapter  94,  liay  scales  on  Harrison  street,  . . 288 

Chapter  95,  as  to  High  street,  ....  288 
Chapter  96,  vacation  of  alley  in  block  71,  . . 288 

Chapter  97,  trespassers  on  cemetery  punished,  . 289 

Chapter  98,  defining  road  fund,  ....  290 

Chapter  99,  substitute  brokers,  ....  290 

Chapter  100,  regulation  of  weights  and  measures,  291 

Chapter  101,  gift  enterprises, 295 

Chapter  102,  gunpowder,  how  kept,  &e.,  . . 295 

Chapter  103,  vicious  and  unruly  criminals,  . . 296 


AND  ORDINANCE?. 


XXXI 


Ordinances,  different  chapters  of,  to-wit  : 

Chapter  104,  regulating  and  running  of  cars,  &c.,  297 

Chapter  105,  concerning  lamp  posts,  tree  boxes,  fences, 

posting  of  bills,  &c., 298 

Chapter  106,  as  to  mode  of  filling  vacancies,  . 299 

Chapter  107,  as  to  rubber  guns,  breaking  windows,  &c.  299 
Chapter  108,  as  to  present  revision  of  ordinances,  300 

Openings  in  Side  Walks,  regulated, 210 

Ornamental  Trees,  (see  Trees  and  Chap.  105,)  protected,  215 
when  dangerous,  what  to  be  done  with,  . . . 216 

not  to  be  tied  to  or  injured, 216 

(see  Chap.  105.) 

P. 

Paupers,  city  not  liable  for  support  of,  ....  90 

Pavements,  (see  Side  Walks,  Streets,  Suits,) 

ordinance  relating  to  paving,  &c.,  ....  231 

Pawnbrokers,  ordinance  relating  to, 244 

license  required  and  books,  &c.,  to  be  kept,  . . 245 

Pedlars  and  Hawkers,  license  required,  . . . .184 

Penalties,  (see  Ordinance  No.  41  / also  Pines,  Forfeitures  and 
Imprisonment,) 

charter  giving  power  to  impose,  . . . . 40,  52 

recovered  in  name  of  city,  . . . . .54 

improved  for, 52 

ordinance  relating  to, 200 

Marshal  to  sue  for  in  name  of  city,  . . . . 200 

offender  may  be  imprisoned, 200 

lines  to  be  paid  into  treasury, 200 

imprisonment  not  to  exceed  30  days,  ....  201 

Performances,  license  when  required,  ....  229 

Perry  Street,  extension,  width  and  opening  of  . .199 

Petition,  of  property  owners  necessary  to  levy  certain  special 

taxes, 59 

Physicians,  office  of  city  physician  abolished,  . . . 248 

duties  under  health  ordinance,  . 169,  172 

Pistols,  firing  of  prohibited, 145 

Platting  Streets,  &c.,  (see  Dedication,) 

effect  of 75,  77 

Police  Force,  charter  gives  council  power  to  regulate,  40,  84 
police  officers  have  only  power  given  by  ordinance,  75 

ordinance  establishing  and  regulating,  . . .211 

power  over  carmen  and  hackmen,  &c.,  . . . 143 

when  to  attend  Board  of  Health,  . . . .170 

Police  force  at  fires, 274 


XXXII 


INDEX  TO  CHARTER 


Police  Magistrate,  jurisdiction  under  charter,  ...  58 

fees  and  costs  regulated,  ....  137,  249 

Poll  Tax,  (see  Street  Commissioner,) 

charter,  provisions  on  subject,  . . . . * 51,  52,  53 

substance  stated, 53  (note.) 

ordinance  relating  to  its  collection,  ....  252 

firemen  exempt  from, 244 

Porches,  not  to  be  placed  in  streets  and  alleys,  . . 202,  210 

Poor,  city  not  liable  for  support  of, 90 

Posts,  (see  lamps.) 

Porters  and  Porterage,  council  may  license  and  regulate,  39 

Pound,  when  dogs  to  be  impounded, 147 

when  bogs  to  be  impounded,  ....  225,  228 

note  of  decision  relating  to, 225 

Powers  op  City,  (see  charter,)  tests  to  determine,  . 28  (note.) 

Previous  Question,  when  taken, 283 

Privies,  (see  ordinance  No.  44,) 

in  fire  limits, 153,  154 

Part  1,  as  to  construction  of, 214 

depth,  how  walled  and  where  built,  . 214 

Part  2,  as  to  cleansing  of,  &c.,  ....  214 

when  nuisances,  and  how  abated,  . . 215 

who  liable  to  clean  and  cleanse,  . . . 215 

Process,  Writs,  &c.,  may  be  issued  by  Mayor  in  usual  form,  44 

how  served  against  city, 57 

Proposals,  (see  Bids,  City  Engineer,  Contracts.) 

Promissory  Notes,  (see  Bills  and  Notes.) 

Prostitutes,  (see  houses  of  ill-fame.) 

Public  Property  and  Grounds,  (see  Dedication,) 

power  of  city  to  buy  and  hold,  . . . .28 

duty  of  proprietors  in  certain  cases  to  lay  out,  . 27 

city,  her  power  to  lay  out  public  squares,  ...  45 

what  amounts  to  dedication  and  how  proved,  . 75,  77 

rights  of  adjacent  owners,  76 

duty  of  City  Engineer, 129 

Public  Peace,  disturbance  of  prohibited,  . . . .195 

Public  Health,  (see  Health  of  City.) 

Public  Measurer,  of  wood,  and  weigher  of  hay  and  coal,  114 
Public  Landing,  (see  Landing  and  Wharfs.) 

Public  Works,  when  city  liable  in  damages,  . . .87,  133 

Publication,  of  ordinances,  charter,  provision,  . . .40 

Punishments,  (see  Fines.) 


Qualification,  (see  Election,  Officers,  Vacancy.) 


AND  ORDINANCES. 


XXXIII 


Quarantine,  (see  Health  of  City,) 

ordinance  relating  to, 178 

Quorum,  (see  Charter,  Meetings,) 

defined  and  explained,  . . 29  (note),  60,  61,  280 

majority  of  council  makes  a quorum,  ....  30 

evidence  respecting  number  present,  ...  61 

seven  besides  Mayor,  make  a quorum,  . . . 280 

K. 

Rafts,  (see  AVharfs.) 

Railroads,  (see  Cars,  M.  & M.  R.  R.  Co.) 

power  to  tax  real  estate  of  rail  roads  in  city,  35  (note.) 
use  of  5th  street  by  M.  & M.  R.  R,  Co.,  . . 90,  159 

rate  of  speed  in  city, 160,  197 

(see  Chap.  104,) 297 

street  railways  in  cities, 90 

as  to  validity  of  railroad  bonds  of  city,  . 240  (note.) 

Rapid  Driving,  (see  Driving  Immoderately.) 

Ratification,  of  acts  of  officers  and  agents,  when  ? . . 62 

Real  Estate,  (see  Land,) 

power  of  city  to  acquire,  &c.,  . . . 28  (note.) 

may  in  certain  cases  hold  in  trust,  ....  63 

when  sold  for  taxes, 36,  37 

when  condemned  for  streets,  &c.,  . . 45,  51,  234 

laying  off  into  lots, 27  and  note. 

Reconsideration,  motion  to  regulated,  ....  284 
Records  of  City,  books  to  be  provided  by  council,  . 54 

journal  to  be  kept  and  signed, 54 

records  of  returns  of  tax  sales  required,  . . 54 

records  of  acts  and  reports  of  street  commissioner  re- 
quired,   54 

order  book  required, 54 

record  or  docket  to  be  kept  by  Mayor,  . . .54 

records  upon  whom  binding, 68 

parol  evidence  of  corporate  acts,  ...  61,  68 

amendment  of  records,  ......  69 

minutes  to  be  read, 281 

Recovering  back  Money,  when  city  liable  to  such  an  ac- 
tion,   35  (note.) 

when  city  may  recover  back  money,  ....  67 

Redemption,  (see  Taxation,) 

of  lands  from  taxfsales, 37  (note.) 

ordinance  respecting, 108 

Reference,  motion  to  refer  regulated,  ....  284 

Registry  of  Dogs  required  by  ordinance,  ....  146 


XXXIV 


INDEX  TO  CHARTER 


29 
. 31 

44 

r (note.) 
85 

121,  132 
154 
288 

05,  236 
237 
86,  237 

75,  133 
. 82 


Removal,  (see  Officers,) 

of  Alderman  from  ward  vacates  office,  . 
of  Mayor  from  city  vacates  office, 

Mayor  may  be  removed  for  mal-conduct, 

Council  may  remove  certain  officers,  . 
removing  buildings  on  streets, 
trial  and  removal  of  officers  by  Council, 
removal  of  frame  buildings  into  fire  limits  prohibited 
Renwick,  Wm.,  authorized  to  erect  scales, 

Repeal  op  Ordinances,  (see  Wharfs,) 

effect  of  declared, 

right  to  repeal  reserved, 

when  city  may  repeal, 

Reserved  Landing,  (see  Landing.) 

Respondent  Superior,  when  applicable  to  cities,  . 

Resolution,  when  city  may  act  by,  resolution  defined, 

Revenue,  (see  Taxation  and  Taxes.) 

Resistance,  to  police  officers  punished,  . 213 

to  other  officers  punished,  ....  200,  213,  228 
Revision  op  1866  op  City  Ordinances,  an  ordinance  respect- 
ing (Chap.  108,) 300 

Reports,  of  Yarious  city  officers,  . . 123-6,  129,  131, 133 

how  presented  to  council, 281 

reports  of  committees, 286 

Resignation,  (see  Officers,) 

of  officers  to  whom  made, 

Retail  op  Lumber,  by  transient  dealers  defined  and  taxed, 

Review  of,  of  fire  department, 

Rewards,  city  may  offer  in  cases  in  which  it  is  interested,  . 

Riots  and  Mobs,  (see  Mobs,) 

power  of  city  to  suppress, 

city  not  liable  for  riotous  destruction  of  property, 

Road  Fund,  defined,  (see  Chap.  98.)  .... 

Roads  County,  in  city  limits, 

as  right  of  county  to  build  bridges  in  city  limits, 

Rockets,  firing  of  prohibited, 

Rubber  Guns,  prohibited,  (see  Chap.  107,) 

Rules,  council  has  power  to  make, 

rules  of  order,  (see  Chap.  92.) 

how  changed,  . . 


74 

242 

277 

67 

67 

88 

290 

78 

8,  80 
145 
299 
30 
280 
287 


s. 


Salaries,  (see  Attorney,  Clerk,  Charter,  Fees,  Health  Inspector, 
Mayor  and  other  officers.) 
charter  gives  City  Council  power  to  fix,  . 


. 40,44 


AND  ORDINANCES. 


XXNY 


Salaries,  may  provide  compensation  for  Aldermen,  . . 57 

general  principles  of  law  as  to  salary  and  compensation,  74 
salaried  officer  cannot  claim  extra  pay,  ...  74 

an  ordinance  relating  to  and  fixing  salaries,  . . 136 

fees  and  perquisites  not  to  be  retained,  . . . 137 

Marshal’s  salary  fixed, 137 

City  Clerk’s  salary  fixed  and  fees  allowed,  . . 137 

City  Treasurer’s  salary  fixed, 139 

Street  Commissioner’s  salary  fixed,  . . 139  and  note. 

salary  of  Aldermen, 138 

salary  of  Mayor, 138 

salary  of  Health  Inspector, 183 

salary  of  City  Attorney, 139 

fees  of  Police  Magistrate, 137 

deduction  on  account  of  absence,  . . . 139,  246 

compensation  of  Board  of  Health,  . . . .173 

compensation  of  Health  Inspector,  . . . 183 

compensation  of  Wharf  Master, 267 

salary  of  Chief  Engineer  of  fire  department,  . . 271 

Sale  of  Land  for  Taxes,  (see  Taxation  and  Taxes.) 

Scales,  privilege  to  Kennedy, 268 

hay  scales  on  Harrison  street  (see  Chap.  94),  . . 288 

Schools — common,  Council  has  power  by  charter  to  establish 

and  support, .38 

Seal  of  City,  city  may  use  and  change  at  pleasure,  . 25 

tax  assessment  to  be  sealed, 34 

sealing  of  bonds,  &c.,  when, 57 

not  essential  in  all  cases  to  bind  city,  . . . G3 

early  seals  of  the  city  described,  ....  96 

Second  Street,  width  of  sidewalk, 262 

Sealer  of  Weights  and  Measures,  (see  Weights  and  Meas- 
ures.) 

Servants,  when  city  liable  for  acts  of  its  servants  and  agents,  75 
Sewers,  (see  Local  Assessments,  Improvements,)  . . 80 

liability  of  city  in  respect  to, 86 

Seventh  Street,  opening  of  and  width,  ....  219 

Sexton — City,  (see  Cemetery,) 134 

Shade  Trees,  (see  Trees.) 

Shavings,  burning,  &c.,  in  street  prohibited,  . . 150,  203 

Shooting  Galleries,  license  required,  . . . . 163 

Snows,  (see  Exhibitions,  Licenses,) 

when  license  required,  and  amount,  . . . 229-230 

Sidewalks,  (see  Auction,  Nuisances,  Streets,) 

special  tax,  when  to  pave  or  grade,  . . 59,223 

an  ordinance  relating  to  construction  and  repair  of,  220 
width  of  certain  sidewalks  fixed,  . . . , 262 

43 


XXXVI 


INDEX  TO  CHARTER 


Sidewalks,  ordinance  as  to  removal  of  snow  and  ice  from,  522 

such  an  ordinance  valid, 84,  90 

liability  of  city  for  openings  in  and  unsafe  sidewalks,  88-90 
not  to  be  enclosed  or  obstructed  by  railings  (Chap. 

43)> 201,  210 

not  to  be  obstructed  by  drays,  coaches,  busses,  &c.,  143,  205 
power  to  prevent  conferred, 143 


horses  and  wagons  not  to  be  driven  on,  &c.,  . . 195 

sidewalk  not  to  be  encumbered  by  firewood,  goods,  &c.,  205 
ordinance  for  improving  streets,  sidewalks,  &c.,  . 231 

Signing  Contracts,  Ordinances,  &c.,  . . . . 57,  86 

Slaughter  Houses,  regulated  and  to  be  kept  clean,  167,  171 


(See  Health  of  City.) 

Sleighs,  (see  Bells,  Coasting.) 

Slops,  &c.,  how  disposed  of,  .... 

Small-pox,  (see  Health  of  City,) 

Board  of  Health  ordinance,  .... 
persons  attacked  by  may  be  removed, 
physicians  to  report  cases,  .... 
beds  and  clothing,  how  disposed  of,  . 
provision  for  destitute  patients, 

Snow  and  Ice,  (see  Awnings,) 

ordinance  as  to  removal  from  sidewalk, 

such  ordinances  valid, 

Soap  Boilers  not  to  create  nuisances, 

Special  Committee,  number  of, 

Special  Meetings,  (see  Meetings  of  Council.) 

Special  Privileges,  grants  of,  when  repealable, 

Spring  Balances,  ordinance  prohibiting  repealed,  . 

Squares,  (see  Public  Property  and  Grounds,) 
may  be  dedicated  to  public  by  owner, 

may  be  enclosed  by  city, 

widow  has  no  dower  in, 

do  not  revert  for  misuse, 

Steamboats,  (see  Health  of  City,  Public  Landing,  Wharfs.) 
Stables,  (see  Fire  Limits,  Fires.) 

Stallions,  (see  Jacks,) 

Standing  Committees  appointed  by  Mayor, 

Stone,  &c.,  not  to  be  removed  from  landing,  . 

Storage  of  combustibles  regulated, 

Stovepipes,  (see  Fires,) 

Streets,  (see  City  Engineer,  Dedication,  Sidewalk,  Vacation.) 

width  required  by  charter,  ...  27  and  note. 

cannot  be  alienated, 28  (note.) 

charter  gives  power  to  open  and  establish  grade,  &c.,  38 

power  to  vacate  streets,  &c.,  . . , 42  and  note 


. 180 

169 
. 170 
172 
. 183 
184 

. 252 
84,  90 
. 204 
285 

. 237 

117 

76 

77 
77 
77 


197 

285 

265 

157 

150 


AND  ORDINANCES. 


XXXVII 


201, 


Streets,  proceedings  to  lay  out  specified  by  charter,  . 45-51 

law  must  be  strictly  followed, 77 

ordinance  on  same  subject, 234 

mode  of  proceeding  specified,  ....  234,  236 
work  on  streets  (see  Poll  Tax,  Street  Commissioner.) 
three  mill  road  tax  authorized,  ....  53 

widow  has  no  dower  in  streets, 77 

when  sales  in  prohibited, 
auctions  in  prohibited,  .... 

obstructions  in, 

careless  driving  in  streets,  .... 
building  materials  in,  ... 
excavations  in  to  be  protected,  . 
duty  of  City  Engineer  respecting  streets, 
ascertain  lines  and  grades,  .... 
earth  excavated,  how  disposed  of,  . 
fences  in  buildings  in  streets,  .... 

grades,  how  established, 

horse  shoeing  in  prohibited,  .... 

various  erections  and  nuisances  in  streets  pro 

hibited, 

digging  up  streets,  &c.,  prohibited,  . 
rubbish,  &c.,  not  to  be  placed  on  streets, 
ordinance  for  improving  streets,  sidewalks,  &c., 
mode  of  collection  of  cost  of  improvements,  . 
foot  crossings  to  be  placed,  .... 

dedication,  how  proved  and  effect  of, 
city  may  protect  trees  in  street,  .... 

may  open  and  assess  benefits, 

building  material  in  street,  .... 

buildings  cannot  be  erected  in  streets, 

nuisances  on  streets, 79 

how  far  improved  at  one  time, 

fee  is  in  city, 79, 

power  of  city  over  bridges, 

right  of  free  transit  and  limitations  on,  . 
liability  for  work  on  streets, 
moving  buildings  in  streets,  .... 
when  city  may  decline  to  go  on  and  open,  . 

Street  Committee,  matters  referred  to,  . 

Street  Commissioner,  (see  Poll  Tax,) 

may  by  charter  be  appointed  or  elected,  . 37  and  note, 

power  of  as  conferred  by  charter,  . . .51,  52,  53 

appointment  and  term,  duties,  &c.,  . . . 133,  134 

salary  fixed, 139 

to  wTork  under  direction  of  street  committee,  . . 252 


97 
97 
210 
. 196 
203 
. 203 
129 
. 130 
131,  202 
. 132 
. 133 

. 202 

201-210 
. 202 
203 
. 231 
233 
. 233 
-78 
78 

78 

79 

78 

90 

79 

91 

80 
<9 
79 

85 

86 
285 


(O 

48, 

78, 

89, 


8,  7 


XXXVIII 


INDEX  TO  CHARTER 


Street  Commissioner,  duties  and  powers  under  poll  tax  ordi- 
nance, . 253 

not  to  issue  certificate  of  indebtedness,  . . . 253 

report  required  and  wliat  to  be  stated,  . . . 253 

notice  to  persons  to  work  on  street  and  to  delin- 
quents,   255,  256 

duty  to  report  and  requisites  of  report,  . . . 253 

persons  not  to  dig  streets  without  his  consent,  . . 202 

Street  Lamps,  (see  Gas,  Lamps,  and  Lamp  Districts,) 

ordinance  relating  to, 165 

when  lighted, 165 

injuries  and  hitching  to  and  climbing  upon  forbidden,  166 

(see  Chap.  105.) 

Street  Railways,  powers  of  city  relating  to,  92 

Suits,  (see  Action,  Contract,  Officers,  Neglect,) 

city  has  power  to  sue  and  be  sued,  ...  25 

city  has  power  to  sue  for  fines,  penalties,  &c.,  . 40,  52 

process  and  writs  issued  by  Mayor,  ...  44 

appeals  allowed  to  District  Court,  . . 50,  56,  72 

how  process  shall  be  served  against  city,  . . 57 

suits  by  tax  payer  against  city,  . . 35  (note),  73,  88 

action  by  city  to  recover  back  money,  when,  . . 67 

Alderman  aud  officers,  when  personally  liable,  . . 73 

city  may  sue  for  bridge  destroyed,  ....  80' 

suits  for  violation  of  ordinance  quasi  criminal,  . . 82 

city  when  liable  for  acts  of  its  officers  and 

agents, 75,  83,  87 

liability  of  city  for  defective  bridges,  side- 
walks, &c., 77-80-88,  89 

not  liable  for  public  works  if  it  uses  due  care,  . . 87 

not  liable  for  injuries  caused  by  riots  and  mobs,  . 88 

when  liable  in  trespass, 75,  88 

not  liable  for  conduct  of  its  licensees,  ...  88 

suit  to  recover  poll  tax, 256 

form  of  complaint, 256 

duty  of  officer  served  with  process  to  notify  City  At- 
torney,   277 

Substitute  Brokers,  license  required  (see  Chap.  99),  . 290 

Surface  Water,  when  city  is  and  is  not  liable  for  injuries 

by,  .........  86-89 

Swimming,  (see  Bathing.) 

Swine,  (see  Hogs.) 


AND  ORDINANCES. 


XXXIX 


Taxation,  Taxes  and  Assessments,  (see  Assessments,  Local 
Assessments,  Charter,  Licenses,) 
charter  gives  power  to  one-half  of  one  per  cent,  yearly,  33 
special  tax  authorized  to  pay  certain  debt,  . . .41 

three  mill  road  tax  authorized,  ....  53 

also  road  poll  tax, 51,  52,  53 

extent  of  power  to  levy  taxes,  34  (note),  53  (note),  67 
mandamus  to  compel  levy,  when,  . . 34  (note),  67 

when  right  exists  to  tax  lands  not  laid  off  into  lots,  34  (note) 


right  to  tax  banks  and  stock,  . 
right  to  tax  railroads, 
action  by  tax  payer  against  city, 
State  law  of  1858  modifies  charter, 
under  it  purchaser  gets  deed, 
interest  limited  to  25  per  cent., 


35  (note),  67 
35  (note) 
35  (note),  88 
37  (note),  110  (note) 
. 37  (note) 
37  (note) 


certain  special  taxes  authorized  conditionally,  . . 59 

power  to  tax  must  be  expressly  given,  . . 34  (note),  65 

general  principles  applicable  to  taxation  by  cities,  . 67 

cannot  levy  on  real  and  exempt  personal  property,  67 
power  to  tax  and  make  local  improvements  must  be 


strictly  pursued, 

. 67,  68 

No.  of  feet  to  be  represented, 

. . 

. 68 

re-assessments,  when,  .... 

68 

when  a personal  charge, 

. 68 

personal  liability  for  not  levying,  when, 

76 

city  not  liable  for  frauds  of  Collector, 

. 73 

city  equitably  entitled  to  share  of  county  bridge  tax,  80 

general  revenue  ordinance, 

. 98,  100 

Collector’s  oath  and  bond,  what  to  collect,  &c., 

. 100 

duty  of  Clerk,  Collector  and  Treaurer,  . 

101,  123 

book  to  be  kept  by  different  officers,  . 

. 102, 

123,  127 

mode  of  collection, 

102-104 

omitted  property,  how  assessed, 

, , 

. 103 

errors  to  be  reported  to  Council, 

103 

distress  and  sale  and  mode,  &c.,  . 

. 104 

payment  and  receipt,  .... 

104 

return  of  warrant  and  form  of,  . 

. 105 

order  by  Council  for  sale  of  real  estate,  . 

105 

publication  and  mode  of  sale, 

. 106 

deed  of  Mayor  and  effect  of,  . 

107 

record  of  sales  by  Collector  and  Clerk, 

107-108 

redemption,  mode  and  terms  of, 

108 

deed  on  prior  sales,  .... 

. 109 

XL 


INDEX  TO  CHARTER 


Taxation,  &c.  Collector’s  final  settlement, 

. 

109 

penalty  for  official  neglect, 

109,  121 

informalities  cured, 

109 

cancellation  of  tax  certificates, 

. 110 

notes  and  decisions  respecting  revenue,  . 

. 34,  37,  110 

books  and  accounts  of  officers,  how  kept,  . 

123-127 

Deputy  Collector,  duties,  salary,  &c , 

122 

tax  books,  how  kept, 

122,  127 

dogs  taxed,  and  mode,  .... 

146 

taxes  in  connection  with  sidewalks, 

220,  223 

lumber  dealers  taxed,  .... 

242 

road  poll  tax  and  mode  of  collection,  . 

252,  256 

lamp  tax,  when  and  how  collected, 

278 

Teamsters,  (see  Draymen,  &c ,) 

ordinance  concerning, 

. 142 

Telegraph  Posts,  city  not  liable  for  injuries  caused  by, 

80 

Telegraph  Road,  in  part  vacated, 

. 263 

Ten-pin  Alley,  license  required, 

161 

Theatres,  (see  Shows,  Exhibitions,  &c.,) 

to  be  licensed,  &c., 

. 230 

Tie  in  Election,  (see  ordinance  No.  46,  Elections.) 

Toll  Bridge,  city  has  no  power  to  erect  but  may  erect  free 


bridges, 80 

Trees,  (see  also  Chap.  105,) 

shade  and  ornamental,  city  may  protect,  ...  78 

ordinance  for  this  purpose, 215 

removal  of  when  dangerous, 216 

hitching  to  prohibited, 216 

injuries  to  or  to  tree  boxes  punished,  ....  216 
duty  of  Marshal  and  Mayor  as  to  dangerous  trees,  216 
Trespass,  when  city  liable  for  trespasses  of  its  servants  and 

officers, 75,  88 

Treasurer,  (see  Officers,  Taxation,) 

to  be  elected  by  the  people, 37 

may  be  removed  by  Council,  ....  37,  121 

election,  term,  bond,  oath  and  duties,  119,  122,  124 

when  to  pay  out  money, 124 

what  books  to  keep  and  how  to  cancel  orders,  . . 124 

when  to  report, 122,  124 

vacancy,  how  filled, 127 

Trial  of  officers  for  mal-conduct, 121 

Twelfth  Street,  ordinance  for  extension  of,  . .198 

u. 

Unlawful  Assemblies  prohibited  by  ordinance,  . . 194 


AND  ORDINANCES.  XLI 

y. 

Vacancy,  (see  Charter,  Election,  Mayor,  Officers). 

removal  from  ward  vacates  Alderman’s  office,  . 29 

vacancies  in  Aldermen  and  Mayor  filled  by  election,  30,  31 

Mayor  pro  tern,  when  ? 31,  32 

City  Council  may  remove  certain  officers,  . 37  (note) 

City  Council  may  fill  temporary  vacancies  by  ordinance,  55 

who  may  accept  resignation, 74 

removal  from  city  vacates  office,  when,  . . .32,  74 

failure  to  qualify  makes  vacancy,  . . . .120 

vacancy  in  Treasurer’s  office,  how  filled,  . . 127 

tie  votes  and  contested  elections,  ....  217 
when  Council  may  elect  or  appoint  officers,  . . 258 

as  to  mode  of  filling  vacancies,  (see  Chap.  106),  . 299 

vacancy  in  office  of  Chief  Engineer,  . . . 271 

Vacation,  (see  Streets). 

of  streets, 38,  42  and  note 

of  roads  in  Mitchell’s  addition,  ....  263 

certain  alleys  vacated, 250 

alley  in  block  71  vacated,  .....  288 

Vagrancy,  (see  Chap.  No.  57), 240 

duty  of  Marshal  and  Police  Officers,  . . . 240 

how  arrested,  tried  and  punished,  ....  240 

vagrants  defined, 241 

Vaults,  (see  Privies,  Chap.  44),  , 214 

Vessels,  (see  Boats,  Landing,  Steamboats,  Wharfs). 

Veto,  Mayor  may  recommend , but  no  veto  power  is  given,  43 

Vicious  Animals,  how  dealt  with,  (see  Chap.  103),  . 296 

Voters,  who  are  voters  in  city, 33 

illegal  voting,  punishable,  . . . .33  and  note 

Vote,  (see  Meetings,  Quorum,) 

two-thirds  vote  of  all  necessary  to  expel  member  of 

Council, 30 

quorum  defined, 29  (note),  30 

ayes  and  nays, 30,  61 

vote  on  borrowing  money, 38,  41 

tie  votes  in  elections,  how  decided,  . . . 217 

two-third  vote  necessary  to  change  rules  of  order  (see 
Chap.  92.) 


w. 


Wagons,  &c.,  not  to  encumber  sidewalk, 
not  to  encumber  streets,  cross  walks, 


143 
. 195 


XLII 


INDEX  TO  CHARTER 


Wagons,  &c.,  not  to  obstruct  street,  &c.,  . 

205 

drivers  called  out  at  fires  to  serve, 

. 275 

Wardens,  (see  Fire  Wardens,  Kerosene). 
Wards,  (see  Officer,  Vacancy). 

Council  has  power  to  establish  and  fix,  . 

38 

boundaries  of,  fixed, 

. 247 

number  of  Aldermen  and  term, 

248 

Warrants  City,  (see  Orders). 
Warrants  of  Arrest,  (see  Process). 
Warrant,  Tax,  (see  Taxation). 
Water,  (see  Surface  Water,  Sewers,) 

charter  gives  city  power  to  provide,  ...  88 

Weights  and  Measures,  charter  gives  power  to  regulate,  39,  40 
weighing  of  hay  and  coal  regulated  by  ordinance,  . 114 

measurement  of  wood  regulated  by  ordinance,  . 114 


duties  of  weigher  and  measurer  defined,  . . .114 

measurement  of  lumber, 187 

ordinance  regulating  weights  and  measures,  (see 

Chap.  100), 291 

duties  of  sealer  of  weights  and  measures,  (see  Chap. 

100),  . • 291 

Wood,  how  measured,  when  required  to  be,  . . . 114-11G 

duties  of  wood  measurer  defined,  . . . 114-116 

Wooden  Buildings,  (see  Fire  Limits). 


Wharves,  Wharfage,  Wharf  Master,  (see  Landing). 

charter  gives  power  over  wharves,  public  and  private,  39,  45 
wharf  license  not  demanable  from  riparian  owner,  . 69 

city  liable  for  injuries  caused  by  want  of  repair  in  its 


wharf, 69 

decision  of  Supreme  Court  as  to  wharfage  at 

“ Reserved  Landing,”  . . . .69,  70,  71,  72 

extracts  from  city  records  respecting  this  landing,  93-96 

steamboat  landing  defined, 264 

raft,  &c.,  landing  defined, 264 

office  of  Wharf  Master  created,  bond,  &c.,  . . 265 

his  duties, 265,  266 

rates  of  wharfage  and  when  due,  ....  266 

ordinances  and  acts  as  to  private  wharves  and  docks 

repealed,  267 

boats  and  vessels  to  land  at  certain  places,  . . 267 

owners  of  private  wharves  not  to  collect  wharfage,  . 267 
boats,  &c.,  not  to  land  at  private  wharves,  . . 268 

owner  may  land  his  boat  at  his  own  wharf,  . . 268 

Windows,  protected  (see  Chap.  107),  ....  299 


